Washington State Attorney General Nick Brown announced Thursday that the office has retained the law firm Bryan Cave Leighton Paisner (BCLP) to serve as special assistant attorneys general in defending Initiative 638. The measure, approved by voters on Nov. 3 with roughly 56% support, requires school districts and athletic associations to prohibit biological males from competing with or against female students in competitions designated for girls.
Why an outside firm?
Brown explained that appointing outside counsel is a standard practice when conflicts of interest, specialized expertise, or workload constraints prevent the AG’s office from handling a case directly. He noted that BCLP has a substantial Washington presence and prior experience representing the state.
AG’s defense of voter‑enacted laws
“My personal views do not dictate what laws get defended or the strength of that defense,” Brown said. He emphasized that defending statutes enacted by the people or the Legislature is a core responsibility of the attorney general’s office, regardless of personal policy preferences. The AG’s office reiterated its commitment to reviewing court filings and pursuing the next steps in the litigation.
Ongoing transgender‑rights work
While defending Initiative 638, Brown’s office will continue its existing litigation protecting transgender residents’ health‑care access and equal‑treatment rights. The dual track reflects the office’s duty to uphold all state laws while advocating for the civil‑rights claims it has previously advanced.
Opposition and lawsuit details
Families with children participating in school sports, the Washington Education Association, and the advocacy group TransFamilies have filed a lawsuit in King County Superior Court seeking to block the initiative before its Dec. 3 effective date. Plaintiffs argue that the law’s sex‑verification requirements violate state constitutional protections for privacy and equal rights and could subject girls to intrusive examinations.
The lawsuit cites the requirement that students provide a form signed by a personal health‑care provider verifying biological sex based on reproductive anatomy, genetic makeup, or naturally produced testosterone levels. The text does not mandate a genital examination; instead, it leverages the existing sports‑physical process to preserve fairness, safety, and competitive balance in female athletics.
Local school‑board response
Seattle’s School Board voted unanimously (7‑0) to authorize potential legal action concerning the measure, stating that the district needs judicial clarification on its obligations under the initiative and existing privacy and discrimination protections. Board member Joe Mizrahi warned that ignoring the recent vote would undermine respect for democracy.
What’s next?
The AG’s office and BCLP will now prepare the state’s defense as the case moves forward in court. Both sides are expected to file briefs outlining their constitutional arguments, and a hearing date will be set by the court. The outcome will determine how Washington schools implement the sex‑verification requirements and could set a precedent for similar measures in other states.
As the litigation proceeds, Washington residents can follow updates through the AG’s office releases and local news coverage.
Original reporting: Fox News (HLL/CB) — read the source article.
