J. Doe A v. State of Washington our challenge to the WA ban on trans girls school sports
Current Status
We filed our lawsuit on November 9, 2026 to prevent the implementation of Initiative 638: a discriminatory law that would ban transgender girls from participating on girls’ sports teams at school and create new, invasive requirements that apply to girls only. The law was approved in the 2026 general election and would go into effect on December 3, 2026.
Contact
Legal Voice Communications
media@legalvoice.org
Background
For nearly two decades, Washington law has allowed transgender students to participate on teams that align with their gender identity — a successful approach that has been a model for other states. But Let’s Go Washington, a PAC founded by a conservative megadonor, introduced I-638 last year to bring the national wave of anti-trans panic to Washington.
The initiative is one of the most extreme laws of its kind in the country. It would require every single girl to prove their sex before playing on a girls’ sports team at school. And for many, that would mean invasive genital exams or expensive medical tests.
Those obstacles will likely discourage many girls from participating at all — and that’s the whole point. The people who are trying to push trans people out of public life are the same people trying to push women out of sports.
Our Argument
We’re suing on the grounds that Initiative 638 violates the Washington State Constitution in the following ways:
Right to Privacy
The initiative significantly intrudes on students’ privacy rights guaranteed by Article 1, Section 7. A student’s genitalia, genes, and hormone levels are as private as anything can be, and the initiative makes disclosing them the price girls have to pay to play school sports.
Equal Rights Amendment
The initiative violates Article XXXI, the Equal Rights Amendment, which prohibits discrimination on the basis of sex. Requiring girls to go through a sex verification process if they want to play sports — but making no such requirement for boys — is clearly discriminatory.
Right to Education
The law violates Article IX, which guarantees the right of education to all children in Washington schools, without distinction or preference on account of race, color, caste, or sex. School sports are part of that education.
Constitutional Procedural Requirements
To ensure that the meaning of a new law is clear, the state constitution requires that new laws identify if they change existing laws. But I-638 amends multiple laws prohibiting discrimination based on sex and gender identity — including the Washington Law Against Discrimination — without directly amending the statutes.
Legal Team
Legal Voice
Legal Voice is a 501(c)(3) nonprofit that fights for gender justice. Founded in 1978, it drives systemic change across the Northwest through impact litigation, policy advocacy, education, and coalition building. ACLU of Washington
ACLU of Washington
The ACLU of Washington is one of the ACLU’s largest state affiliates. It works to ensure justice, freedom, and equality are realities for all people in Washington state.
Pacifica Law Group
Established in 2011, Pacifica Law Group is an innovative law firm committed to the dynamics and values that drive Northwest companies and civic entities.
Plaintiffs
TransFamilies
TransFamilies is a Washington-based nonprofit that works to support families with transgender and gender-diverse children.
Washington Education Association (WEA)
WEA is a statewide union that represents more than 90,000 educators
Parents of Youth Who Play in Girls’ Sports at Public Schools
Seven parents are suing on behalf of themselves and their children.
Defendant
State of Washington
“Think about what this law actually does: it creates an invasive surveillance process that could traumatize young girls across Washington — all in the name of discriminating against trans people. Legal Voice has been fighting for equal access to athletics for all girls since our first case 50 years ago, and we’re not about to go backward in Washington.”
— Julia Marks, Legal Voice Managing Director
“Sports give young people a place to make friends and be part of a team, but Initiative 638 seeks to deny transgender girls those opportunities simply because of who they are. Not only does the initiative harm transgender girls, it violates our state constitution. Washington has long had strong protections against discrimination and we will make sure those laws are enforced to stop this law from ever taking effect and prevent this needless attack on transgender youth in our state.”
—Adrien Leavitt, Staff Attorney for the ACLU of Washington
“It has been my great privilege over the last two decades to see communities throughout Washington embrace trans and gender-diverse student-athletes in their schools. When people are provided accurate information, have their questions or concerns addressed, and understand why participation —for trans children and everyone else — matters, they gain clarity and confidence that inclusion, not division, makes us all stronger.”
—TransFamilies founder Aidan Key, who led efforts in 2007 when Washington first adopted a policy to explicitly include transgender and gender-diverse children in school sports
“Washington educators are committed to fair and welcoming schools where all students can thrive. This new requirement is in direct conflict with the state’s paramount duty to educate our children without discrimination.”
—Janie White, WEA President
Press Releases
November 10, 2026
Nonprofits and families sue state over transgender sports ban initiative