Legal Counsel for Youth and Children v. State of Washington Our challenge to Initiative 2081, which threatens youth privacy and inclusive education

Current Status

A King County judge allowed Initiative 2081 to take full effect on January 24, 2025. We filed an appeal that continues our challenge to Initiative 2081 on February 10.

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Contact

Legal Voice Communications
media@legalvoice.org

Background

Lawmakers passed Initiative 2081 in March 2024. The initiative was backed by Let’s Go Washington, a group financed by a conservative megadonor. Supporters call it a “Parents’ Bill of Rights,” but that framing is misleading. One of its main effects is to jeopardize students’ ability to get support at school.

Our Argument

Initiative 2081 violates article II, section 37 of the Washington State Constitution.

To ensure that the meaning of a new law is clear, this section requires that new laws identify if they change existing laws. But I-2081 doesn’t do that.

Instead, the initiative names fifteen confusing parental rights. Some of these rights duplicate existing laws. Others make significant changes. At no point, though, does the initiative identify these changes.

These violations are not mere technicalities. Some of the initiative’s most harmful changes include:

1. Interference with youth rights to health care privacy, which threatens access to life-saving care.

Many young people can’t safely talk with their parents about their sexuality, gender identity, mental health, and reproductive health. For these students, the right to privacy is essential when accessing health care, counseling, and support at school.

Washington law has long protected this right, but I-2081 would strip it away. Parents would have expanded access to student records and schools would have to notify parents when they connect students to health care. Without the promise of confidentiality, we can expect many vulnerable students to feel unsafe asking for help.

2. Disruption of inclusive education.

In June 2024, Washington implemented the Inclusive Learning Standards Bill. This important law ensures students learn about the contributions of historically marginalized groups.

Unfortunately, I-2081 will block this progress. Under the initiative, school staff must notify parents any time they ask about “family beliefs, morality, religion, or political affiliations” or talk about topics related to “sexual activity.” Additionally, the initiative allows parents to withdraw their students from these activities. These changes will make it hard to talk about race, gender, sexual orientation, and many other topics. We know these conversations help make school a more welcoming place for Washington’s diverse communities.

Plaintiffs

Legal Counsel for Youth and Children

LCYC protects the interests and safety of youth in Washington by advancing their legal rights.

Lavendar Rights Project

LRP elevates the power, autonomy, and leadership of the Black intersex and gender diverse community through intersectional legal and social services.

MomsRising

MomsRising takes on critical issues facing women, mothers, and families by educating the public and mobilizing massive grassroots actions.

Oasis Youth Center

Oasis Youth Center provides support and programming for LGBTQ+ youth in Pierce County.

People of Color Against AIDS Network

POCAAN is committed to providing comprehensive, multicultural awareness and prevention programs aimed at addressing health disparities experienced in marginalized communities.

Sexual Violence Law Center

SVLC a legal aid program that provides holistic legal assistance and representation exclusively to victims of sexual violence, assault, abuse, harassment, and stalking in Washington.

Southwest Washington Equity Coalition

SWEC is a Vancouver-based non-profit working to advance racial equity and justice by building multi-racial coalitions.

Kari Lombard

Lombard is participating in this case as an interested taxpayer. She was a school nurse at a Seattle high school for four years, during which time she served as a staff advisor for the student-led Gender and Sexuality Alliance club.

Jane Doe

This anonymous plaintiff is participating in this case as an interested taxpayer. She is a Seattle resident with two children who are students in the Seattle Public School system.

South Whidbey School District

SWSD serves approximately 1,100 students in transitional kindergarten through 12th grade.

Defendant

The State of Washington

Intervenors: Let’s Go Washington, Representative Jim Walsh, Informed Choice Washington, and One Washington intervened in the lawsuit to defend Initiative 2081.

Co-Counsel

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.

QLaw Foundation of Washington

QLaw promotes the dignity and respect of 2SLGBTQIA+ Washingtonians within the legal system through advocacy, education, and legal assistance. QLaw was instrumental in filing the case, but it can no longer serve as counsel because of personnel changes.

“Initiative I-2081 rests on the assumption that all homes are safe, and that is sadly not the case. The courts should stop I-2081 from going into effect and prevent the irreparable harm this unconstitutional and dangerous law will cause for our most vulnerable youth.”

— Erin Lovell, Executive Director of the Legal Counsel for Youth and Children

“2081 is intentionally harmful to our most vulnerable students. From its vague language to its misleading framing, it is a dangerous bill that targets students who need confidential support — from queer youth to youth survivors of sexual violence, to youth who need reproductive or mental health care — and it interferes with the inclusive curricula that all our students deserve.”

— Julia Marks, Washington Litigation Attorney at Legal Voice

“Article II, Section 37 of the Washington Constitution is designed to ensure a proposed law’s full intent and impact on current law is clear, but I-2081 has only caused confusion. The initiative passed because of deception and confusion, and it will cause life-altering negative outcomes for queer and trans students if it is implemented.”

— Adrien Leavitt, Staff Attorney for the ACLU of Washington