WASHINGTON — A group led by the American Civil Liberties Union of Washington State has filed to block the implementation of Initiative 638, the law voters approved last week that would ban transgender girls from participating in girls’ sports and require a child’s sex to be verified before participation.
The ACLU, Washington Education Association, and the organization TransFamilies say the initiative requires different steps for girl athletes that are not required of boy athletes, a violation of Washington’s Equal Rights Amendment.
" I-638 also violates state constitutional procedural requirements for enacting new laws that amend existing laws. It violates this by amending the Washington Law Against Discrimination and other anti-discrimination laws that explicitly protect transgender people." the ACLU said in its release.
The organization Lets Go Washington (LGW), funded by millionaire hedge fund manager Brian Heywood, which pushed forward two other initiatives this election, addressed the different requirements for boys versus girls, saying the US Supreme Court allowed a carve-out for “sex-based eligibility restrictions”
“Males undergo hernia checks during their routine sports physical, and a simple absence of this exam is enough for a doctor to confirm that their patient is a female,” LGW said in a release.
Legal Voice policy director Alizeh Bhojani says the issue is whether the procedure is medically necessary or not.
“Hernias [are] medically necessary, got to know.” Bhojani said, “For these kinds of things, especially for knowing how to be able to play school sports safely, this is not medically necessary.”
Bhojani and ACLU attorney Adrien Leavitt say 638 also violates Amendment 9, which requires Washington to provide education to all students, regardless of race, gender, gender identity, religion, or orientation, and that sports are a key piece of the educational atmosphere in the state. Let’s Go Washington says transgender athletes would only be barred from girls’ sports, not all sports.
Leavitt and Bhojani say I-638 violates protections specifically made in Washington Law for transgender people, the third law violation they base the suit on.
“Washington State has a long history of anti-discrimination laws that explicitly protect people based on gender identity. That Washington State was one of the first states to adopt explicit protections for trans people.” Leavitt said.
In a statement through Let’s Go Washington, Washington high school athlete Frances Staudt called the suit disheartening and a distraction.
“What about the thousands of girls who simply want a fair chance to compete, to be protected, and to have their voices heard? Do we not deserve to be protected? All we want is safe and fair opportunities to play the sports we love, and they can’t help but sue the state for wanting to stand with us. When will girls like me be worth protecting to these organizations who want boys to take our places? As a 17-year-old girl, I am calling on Washington Attorney General Nick Brown to do his job and uphold the law.”
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