Seattle’s school board unanimously authorized potential legal action Monday against a voter-approved measure barring biological males from girls’ school sports, opening another front in Washington’s fight over transgender athlete eligibility.
The 7-0 vote authorized Superintendent Ben Shuldiner to take legal action regarding Initiative 638, which bars biological males from competing in designated girls’ school sports. Two student representatives also recommended approval in separate advisory votes, according to the meeting transcript.
Board member Joe Mizrahi acknowledged his opposition to the measure before arguing that the decision before the board concerned its legal responsibilities, rather than members’ personal votes.
“As a father of three daughters who play sports, I was opposed to 638,” Mizrahi said.
He said the district had received messages from people urging it to protect students and others asking it to support the initiative and respect the election result.
“I believe that what we’re doing tonight is actually both protecting students and respecting the will of voters because yes, voters supported the initiative 638 and we do take that seriously,” Mizrahi said. “But our democracy also produced all those other laws.”
“We can’t say we’re respecting democracy if we treat the most recent vote as a reason to ignore all the other laws that are on the books.”
Initiative 638 passed in last week’s election with more than 55% support, according to local reporting. It is scheduled to take effect Dec. 3. Monday’s authorization did not itself suspend the measure, and district leaders had not announced a specific legal filing or timetable following the meeting, KUOW reported.
Mizrahi argued that existing protections involving privacy, equal access and discrimination remained in place despite the initiative’s passage. His remarks presented the board’s rationale for seeking judicial review; they did not establish that a court had found the measure unlawful.
“It raises serious questions about equal protection, student privacy, and whether we’re creating additional barriers for female student athletes to participate in school athletics,” he said. “We can’t pick one new law to follow and disregard other laws. That’s not what our oath tells us to do.”
Mizrahi said the resolution would authorize the superintendent and legal counsel to ask courts to resolve those questions.
Board member Liza Rankin focused on the implementation deadline, saying school districts typically receive legal review, rulemaking and model policies before adopting their own requirements to carry out state law.
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“In this case, this initiative is asking 295 districts to do that all individually to figure out how to comply with something that is legally very complicated and does conflict,” Rankin said.
She said the normal process takes months and described receiving calls and messages from other school board directors asking how to implement the measure.
Rankin maintained that the board’s direction was not to overturn the voters’ decision, but to obtain legal guidance on the district’s obligations.
The board had already unanimously opposed the initiative in September, citing concerns about students’ dignity, privacy, safety and emotional well-being, according to the district’s website.
Supporters of the measure challenged the board’s approach Monday.
“Why are they not willing to support the will of the voters now?” supporter Dawn Land asked, FOX 13 Seattle reported.
Amy Sousa, another supporter at the meeting, argued the initiative was about fairness for girls and preserving Title IX’s promise, according to the station.
Let’s Go Washington, the political committee behind the measure, told KUOW it expected state education and athletic officials to implement the requirements and protect girls’ athletic opportunities.
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The initiative requires school districts and covered athletic associations to prohibit biological males from competing with or against female students in individual or team competitions designated for girls.
Students seeking to participate must provide a form or statement signed by their personal healthcare provider verifying biological sex as part of the required sports physical. Verification must rely on reproductive anatomy, genetic makeup or naturally produced testosterone levels.
The text does not require every athlete to undergo a genital examination. Opponents argue its requirements could lead to invasive examinations or additional testing, while supporters contend verification can be handled through the existing physical examination process.
The dispute follows protests over transgender participation in Washington school sports.
About a dozen Camas girls walked out of an October cross-country race involving a male competitor.
Washington Democrats said they supports outside legal challenges but will not sue themselves.
After all seven directors voted yes Monday, board President Gina Topp said the action would help the district navigate the uncertainty.
“I think getting some clarity when there is some confusion will be helpful as we move forward,” Topp said.
