Parents sue to block Washington state ban on trans girls in sports

A group of parents, advocacy organisations and a teachers’ union has gone to court to halt a newly approved ban on transgender girls playing on women’s sports teams in Washington state. According to The Guardian, the case was lodged in a state court on Monday. The challengers describe the measure as unfair and say it might force female athletes to submit to invasive genital checks.

Washington voters approved Initiative 638 last week. The result was seen as a serious blow to LGBTQ+ rights, arriving during the US midterm elections in a state that leans strongly Democratic. Nebraska, Colorado and Arizona have passed comparable prohibitions. Campaigners say Washington’s rules go much further because of a medical sex check required of every girl who wants to compete in team sports.

What the measure demands

Under the law, girls must present paperwork from medical professionals confirming their sex before they can join women’s squads. Acceptable evidence may include hormone or genetic testing, or examinations of their reproductive anatomy. Boys are not covered by the requirement.

Doctors, teachers and parents have voiced concern that the verification process could amount to a serious invasion of privacy. They also fear it would deter girls generally from taking up sport. The rules reach students in elementary, middle and high schools.

Backers of the ban say it protects fairness in girls’ competition. The campaign received funding from Brian Heywood, a conservative hedge fund manager.

Who brought the case

The plaintiffs include parents of both trans and cisgender girls. Also named are TransFamilies, a Washington non-profit advocacy group, and the Washington Education Association, which represents teachers. Legal representation comes from the American Civil Liberties Union of Washington, the gender rights group Legal Voice, and Pacifica Law Group, a local law firm.

One of the plaintiffs is a parent whose 17-year-old trans daughter plays team sports at high school. That parent worries the girl could be publicly exposed and barred from athletics. Two more parents, whose children are cisgender female athletes, have also joined the case, stating they object to the intrusive verification rules.

Legal arguments

The complaint contends the measure violates Washington’s constitution. It says the ban intrudes on students’ privacy and breaks equal rights protections by targeting only girls. The suit also asserts that the ban clashes with a state anti-discrimination statute protecting transgender people.

Tiffani Lennon, executive director of Legal Voice, pointed out that Washington has for two decades let trans youth compete on teams matching their gender. She said the controversy had been created to stir alarm. Lennon asked why girls should face sex checks if fairness was the goal, adding that the measure was plainly discriminatory.

School officials earlier this year reported knowing of only about 10 trans athletes across the state. That figure is small compared with the roughly 200,000 students who play sports in Washington.

What happens next

On Monday, the Seattle public schools board of directors backed a decision letting the district pursue legal action against the ban. The measure is scheduled to take effect on 3 December.

Frequently asked questions

Sources

• The Guardian: Parents sue to stop Washington state trans sports ban that could require ‘invasive’ genital exams

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