Washington State Democratic Party Chair Shasti Conrad called a voter-approved girls’ sports measure unconstitutional and said the party would support groups seeking to challenge it in court.
“While this result is incredibly disheartening, voters in Washington and across the nation rejected anti-trans candidates up and down the ballot,” Conrad said in the Nov. 5 statement. “The fight over I-638 is just beginning. We believe this initiative is unconstitutional on its face and support organizations planning to challenge it in court.”
The Washington State Democratic Party sent a statement to OutKick stating, “WA Dems will not be challenging the initiative in court. We believe there will be organizations who do and we support those efforts.”
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The party also declined to make Conrad available for an interview.
Voters approved Initiative 638, which bars students the measure defines as biologically male from competing in girls’ K-12 athletic competitions. It also requires students seeking to compete in female-only sports to submit a health examination form or other statement from a health care provider verifying their biological sex based on reproductive anatomy, genetic makeup or normal endogenously produced testosterone levels. The Associated Press called the measure as passed, with about 56.6% support in results reported by Axios.
The measure does not specify which examinations or tests providers must use. Opponents have warned it could lead to invasive exams or testing for girls. Let’s Go Washington, the group behind the initiative, says providers can rely on existing medical records and that the measure does not require genital exams. The Washington Interscholastic Activities Association has said its current sports physical rules do not require genital, DNA or hormone testing.
Conrad said the measure “undoes protections in Washington state law passed 20 years ago” and added, “To every trans girl participating in school sports, please know that we support your right to play.” I-638 changes Washington’s longstanding policy allowing students to participate on teams consistent with their gender identity.
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The statement also highlighted voters’ rejection of two other measures backed by Let’s Go Washington: I-001, concerning parental rights and access to student information, and I-645, which sought to repeal the state’s new tax on income above $1 million, which has nothing to do with girls’ sports. Voters approved I-638, the third measure in the group’s 2026 ballot effort.
The Gender Justice League said it was evaluating legal options, while the ACLU of Washington declined to discuss potential litigation. I-638 is set to take effect Dec. 3, pending certification of the election results.
Conrad’s statement also pointed to Jaelynn Scott’s election to the state House. Scott is set to become Washington’s first openly transgender state legislator and the first out Black transgender woman elected to a state legislature in the country.
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The dispute became especially visible in Camas, where about a dozen girls on the high school cross-country team walked off before a race to protest a transgender teammate’s participation.
The runner had competed in the boys’ category earlier in the season before switching to the girls’ team; the district and the Washington Interscholastic Activities Association said her participation complied with existing rules.
Washington’s wrestling policy is also being challenged in federal court. A Puyallup student identified in court filings as K.M.K. alleges that a transgender opponent sexually assaulted her during a December 2025 girls’ match. The claim has not resulted in criminal charges.
K.M.K.’s family sued state and school officials and has asked the Supreme Court for emergency relief after lower courts denied an injunction. The Supreme Court docket showed the application remained pending as of its latest listed filing on Nov. 3.
A girls’ basketball game in Tumwater prompted a separate Title IX dispute. In February 2025, Tumwater player Frances Staudt sat out a game against Shelton after learning a transgender student was on the opposing girls’ team. A complaint filed on Staudt’s behalf alleged that the district denied her a fair opportunity to compete and retaliated against her for speaking out.
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The U.S. Department of Education opened an investigation; that action was an inquiry into the allegations, not a finding that the district violated Title IX. Tumwater said it took the matter seriously and would work with the department.
