Seattle Public Schools (SPS) Board of Directors voted Monday night to adopt Resolution No. 2026/27-11, authorizing the district to retain legal counsel and pursue any necessary legal action against Washington’s newly passed Initiative 638. The measure, officially titled the “Defending Equity in Interscholastic Sports Act,” bars students designated as biologically male from competing on girls’ K‑12 sports teams.
According to Fox 13 Seattle, Initiative 638 passed the November general election with “nearly 56%” of the statewide vote. Archy News reported the final tally as 55.83 percent voting yes and 44.17 percent voting no, a margin of roughly 12 percentage points.
Board President Gina Topp said the district has a legal obligation to seek clarity from the courts when voter‑approved mandates conflict with existing constitutional protections. “Getting some clarity when there is confusion will be beneficial as we move forward,” Topp told the board. She added that the resolution does not dictate the type of legal action, leaving that decision to the district’s attorneys.
Board member Joe Mizrahi warned that the law could force female athletes to undergo privacy‑invasive verification that boys would not face, potentially violating Washington’s student‑privacy and equal‑access statutes. “If we were to implement this as written, we think it could set us up for a lawsuit for violating those laws,” Mizrahi said.
Supporters of the initiative argued the policy protects competitive fairness. Amy Sousa, a pro‑initiative advocate, told the board, “Males should not participate in the female sports category. It should never have come to this.” She also claimed, “Justice delayed is justice denied!”
LGBTQ activist Simon Thornton expressed concern that the law could lead to genital examinations of female athletes. “The language as it is written could absolutely mean genital examination,” Thornton said.
Board members also highlighted potential financial and administrative burdens. “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,” Topp noted. Superintendent Ben Shuldiner said the district will consult both general counsel and outside attorneys to determine next steps.
The board’s vote comes as the initiative is set to take effect on Dec. 3, 2026. SPS officials said they hope the legal review will buy time to ensure any implementation complies with state privacy and equal‑opportunity laws.
What’s next: Seattle Public Schools will continue discussions with legal counsel to decide what form, if any, a lawsuit will take before the Dec. 3 deadline. The board indicated it will keep the public informed as the process develops.
Sources: foxnews.com, fox13seattle.com, archynewsy.com, fox.com
