Alliance Defending Freedom (ADF) has filed a motion in King County Superior Court on behalf of Female Athletes United (FAU) to intervene in the lawsuit challenging Washington’s voter‑approved Initiative 638. The motion, filed on Nov. 13, seeks permission for FAU to become a defendant and help the state defend the law that prohibits biologically male students from competing in school athletic competitions designated for female students.
Why ADF is stepping in
ADF attorney Hal Frampton told Fox News Digital that the organization wants to ensure the perspective of female athletes is represented in the case. “We’re asking to be allowed to step in and help the state of Washington defend the validity of the law so that I‑638 goes into effect on December 3rd, just like the voters in the state of Washington asked for,” Frampton said.
Initiative 638 also requires participants in girls’ competitions to provide verification of their biological sex from a personal health‑care provider as part of the sports‑physical process. ADF argues that the state’s prior defense of transgender participation could limit its ability to present all arguments that FAU wishes the court to consider.
Legal arguments presented
The motion contends that Washington’s Constitution, the U.S. Constitution, Title IX, and Title IX regulations require the state to maintain female‑only sports teams, as existing state law already does. ADF asserts that these legal foundations support the initiative’s goal of preserving fairness and safety for women in school athletics.
State’s current defense
Washington Attorney General Nick Brown announced on Nov. 12 that he had hired the outside law firm Bryan Cave Leighton Paisner to defend Initiative 638 on the state’s behalf, while his office continues work protecting transgender rights. Brown said his personal views do not dictate which laws are defended or the strength of the defense.
Frampton said ADF is prepared to work with any party defending the measure and, while not aware of direct contact with the AG’s office, emphasized a “vigorous defense” to ensure “democracy prevails and that fairness and safety for women reign in Washington.”
Voices of the athletes
The motion includes declarations from five FAU members – Soleil Hoefer, Charlie Garrett, Sierra Retzlaff, Elise Bierer and Ahnaleigh Wilson – who describe personal experiences competing against transgender athletes and the potential impact on their own participation if the initiative is blocked.
Hoefer, a Prosser High School graduate now on a soccer scholarship at Walla Walla Community College, recalled running against a boy at state track and said the initiative protects women’s safety in sports. Garrett, a Skyview High School runner, described finishing behind a transgender athlete at district and regional meets and expressed willingness to run for a club instead of her school if the law is halted.
Retzlaff and Bierer, both high‑school runners, said they would consider leaving school teams rather than compete against biologically male athletes. Wilson, an Eastmont High School runner, highlighted her two‑and‑a‑half years of advocacy and signature gathering for the measure, noting that a court blockage would be “devastating.” All four athletes said they would be comfortable providing doctor‑verified sex documentation for eligibility.
Critics and the lawsuit
The lawsuit challenging Initiative 638 is brought by a coalition that includes parents, the organization TransFamilies, and the Washington Education Association. They argue the measure violates Washington’s constitution, including privacy and equal‑rights protections, by excluding transgender girls and imposing sex‑verification requirements that do not apply to boys’ sports.
Critics such as TransFamilies represent advocacy groups focused on transgender rights, while the Washington Education Association is a teachers’ union. Their positions are presented as part of the broader legal dispute.
What’s at stake
If the court allows FAU to intervene, the case will feature arguments from both the state’s defense and the athletes who support the initiative. ADF maintains that a robust defense will help ensure the law, approved by voters, is implemented on Dec. 3, preserving what they describe as fairness, safety, and the integrity of women’s sports in Washington.
The outcome will affect not only the participating schools but also the broader conversation about how states balance Title IX obligations, parental‑rights concerns, and the rights of transgender students in athletics.
Original reporting: Fox News (HLL/CB) — read the source article.
