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Seattle Public Schools authorizes legal action against transgender school sports ban
The Seattle Public Schools Board of Directors approved a resolution Monday night, allowing the district to seek potential legal action against the newly passed statewide measure Initiative 638, which bars transgender athletes from competing in girls' K-12 school sports.
SEATTLE - Seattle Public Schools has authorized legal action against Initiative 638, challenging the newly passed statewide measure that bars transgender athletes from competing in girls' K-12 school sports.
During a special meeting Monday, the Seattle Public Schools (SPS) Board of Directors adopted Resolution No. 2026/27-11, allowing the district to hire legal counsel to take any legal action necessary to protect students and school interests.
The resolution states that requirements under Initiative 638 apply exclusively to girls' athletics and could subject girls to scrutiny and potential invasions of privacy not imposed on boys.
The backstory:
Initiative 638, officially titled the "Defending Equity in Interscholastic Sports Act," passed with nearly 56% of the statewide vote in the November general election. The measure reverses Washington's longstanding policy that permitted transgender girls to play on sports teams consistent with their gender identity.
Under the new law, students designated as biologically male are prohibited from competing on girls' K-12 sports teams. Now, school boards are required to create rules governing how female student-athletes must verify their biological sex.
What they're saying:
SPS board members say the legislation could result in legal or financial consequences.
"Getting some clarity when there is confusion will be beneficial as we move forward," said Seattle School Board President Gina Topp.
LGBTQ activists and others also responded, saying they support the board's decision to possibly take I-638 to court.
"The language as it is written could absolutely mean genital examination," said Simon Thornton, an activist in the LGBTQ community.
"Based on the fact that its subjecting only female students to this requirement and not male students, my understanding is that it’s a huge liability," Bennett Haselton, who also supports the board's authorization for legal action.
Critics of Initiative 638 at a Seattle Public Schools board meeting on Nov. 9, 2026. (FOX 13 Seattle)
The other side:
However, some parents from surrounding counties protested the school board's decision.
"It’s very frustrating, we fought very hard to stand up for fairness for our girls, this is really about protecting and preserving the promise of Title 9," said Amy Sousa, a supporter of Initiative 638.
"Why are they not willing to support the will of the voters now?" asked Dawn Land.
Supporters of Initiative 638 at a Seattle Public Schools board meeting on Nov. 9, 2026. (FOX 13 Seattle)
What's next:
SPS leaders say they are still considering next steps, and it's currently unclear what type of legal action could be taken.
"We need to now talk to the general counsel as well as outside counsel," said SPS Superintendent Ben Shuldiner.
There are lots of laws in Washington around student privacy, around equal access to educational opportunities, around data being shared and things that could be disparate treatment. If we were to implement this as written, we think it could set us for a lawsuit for violating those laws," said Seattle School Board Member-at-Large Joe Mizrahi.
"I don’t think this stops the clock, anyways, but looking at some of the legal action that’s possible, hopefully we can gain a little more time here," Topp said.
The board is hoping for more clarity ahead of the Dec. 3 deadline, which is when the initiative is set to be implemented.
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Seattle protest over trans student athlete ban
A demonstration was held in Seattle's Westlake Park on Thursday night by protesters who are upset over Measure 638 passing, which bans transgender athletes in girls sports.
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The Source: Information in this story came from a press release issued by Seattle Public Schools, the Associated Press, and previous FOX 13 Seattle reporting.