Seattle Public Schools has authorised potential legal action against Washington’s Initiative 638, a measure banning transgender girls from competing in girls’ K-12 school sports.
The district’s board approved Resolution No. 2026/27-11 at a special meeting on Monday, November 9, giving school leaders permission to appoint legal counsel and pursue proceedings they consider necessary to protect pupils and the district’s interests.
Initiative 638, formally known as the Defending Equity in Interscholastic Sports Act, was approved by almost 56 per cent of voters in the November 3 general election. It is due to take effect on December 3.
The law requires school districts and organisations overseeing inter-school athletics to prevent students defined by the measure as “biologically male” from competing in female-only individual or team events.
It also requires pupils seeking to compete in those events to provide a statement from a healthcare provider verifying their biological sex, based on reproductive anatomy, genetic make-up or naturally produced testosterone levels.
Seattle school board raises privacy concerns
Seattle’s board said the requirements applied only to girls’ sport could expose female pupils to scrutiny and potential invasions of privacy that would not be imposed on boys.
Board president Gina Topp said the district needed greater certainty about how the measure could lawfully be implemented.
“Getting some clarity when there is confusion will be beneficial as we move forward,” she said.
Joe Mizrahi, the board’s member-at-large, said the district was concerned about possible conflicts with laws protecting student privacy and equal access to education.
“If we were to implement this as written, we think it could set us for a lawsuit for violating those laws,” he said.
The Washington state legislative summary of Initiative 638 says students would have to submit the healthcare-provider statement as part of their routine sports physical. It also notes that the Washington Interscholastic Activities Association’s existing handbook allows pupils to take part in activities according to their gender identity.
LGBTQ activists welcomed the board’s decision. Simon Thornton said the wording of the initiative could be interpreted as permitting physical examinations, while Bennett Haselton said applying the verification requirement only to female pupils could create significant legal liability.
Supporters of Initiative 638, including parents from outside Seattle, accused the district of disregarding the election result. Amy Sousa said the measure was intended to protect fairness in girls’ sport and preserve the promise of Title IX, the US law prohibiting sex discrimination in education.
“Why are they not willing to support the will of the voters now?” asked Dawn Land.
Superintendent Ben Shuldiner said the district would consult its general counsel and outside lawyers before deciding what action to take.
“We need to now talk to the general counsel as well as outside counsel,” he said.
Ms Topp said the board hoped legal advice would provide clarity before the December 3 implementation deadline, although it was unclear whether any court action would delay the law taking effect.
