Lawsuit Filed Against Transgirls in Girls Sports Initiative; School Board will also Fight Back

In a Special Meeting last night the Seattle School Board vote to fight the use of the newly passed initiative on banning trans girls from cisgirl sports teams. They apparently had an Executive Session first (which means no one heard their discussion) and then took a public vote.

Here is their resolution. Their summary:

This Board action would approve Board Resolution No. 2026/27-11 authorizing legal action regarding Initiative Measure No. IL26-638. 

The Board earlier took a formal position opposing Initiative Measure No. IL26-638. 

The proposed resolution would reaffirm the Board’s commitment to a Seattle Public Schools where students are afforded equitable access to education and opportunity in schools that are safe, inclusive, affirming, and supportive for all children, consistent with the Board’s prior resolution.

Some of their thinking underlines that the Washington Interscholastic Athletic Association has had an inclusionary policy in sports since 2007. They also point out that the initiative only subjects girls to these more extensive exams to determine gender. They go on:

WHEREAS, the Board believes that this initiative would create substantial legal,
operational, financial, and administrative burdens for public schools, in addition to increasing harm and exclusion for some students, exposing districts and the State of Washington to costly litigation; and 

WHEREAS, the Board has determined that it is necessary, advantageous, desirable, and in the public interest and the best interests of the District and its students to authorize the Superintendent, in consultation with legal counsel, to take legal action regarding Initiative Measure No. IL26-638 when the Superintendent determines that such action is warranted; 

NOW THEREFORE, BE IT RESOLVED, that the Board of Directors of Seattle School District No. 1 authorizes the Superintendent to undertake appropriate legal actions consistent with this resolution to protect the interests of the District and prevent harm to District students that implementing Initiative Measure No. IL26-638 would cause; 

I agree with their resolution in that the initiative is fairly vague in how doctors are supposed to carry out these exams. No doctor wants to be sued because they allegedly did not do a complete gender exam. But the initiative doesn't explicitly say how to perform the exam. And, that might mean the district would also get sued because they allowed in a player that was not "properly" examined.

That said, I do want to point out that when the district agrees to these kinds of legal fights, they use outside counsel which is quite costly. 

The Seattle Times also had a story this morning:

Opponents of Washington state Initiative 638 are suing in an attempt to block the ban on transgender girls in girls school sports from taking effect. 

The plaintiffs are the Washington Education Association teachers union, TransFamilies nonprofit and multiple Washington parents.

Attorneys for Legal Voice, the American Civil Liberties Union of Washington and Pacific Law Group said they filed a lawsuit against the initiative Monday night on behalf of the state teachers union, a Seattle nonprofit and a number of student athlete parents. The state of Washington is the defendant. 

The new lawsuit says school sports are an essential part of public education in Washington, including for transgender students. 

It argues I-638 discriminates against all girls and infringes on their privacy by requiring them to verify their sex before they can play school sports. It also argues the initiative discriminates against transgender girls by excluding them from girls sports.

The Washington State Standard had this statement from the proponents of the new law:

“Girls’ leagues should never have become the all-purpose leagues that these organizations want them to be, and the vast majority of Washington State voters agree that girls should have their sports and spaces protected. 

 

We look forward to the Attorney General defending the law enacted by Washington State voters and expect the OSPI and WIAA to ensure that all school districts protect fairness for girls’ starting on December 3rd.”