ADF seeks to defend Washington girls sports measure, argues state cannot fully represent female athletes

The Alliance Defending Freedom filed a motion on November 13 asking King County Superior Court to allow Female Athletes United to join the case as a defendant to defend Initiative 638. The request seeks court permission to participate, not an order granting intervention.

Initiative 638, approved by voters in 36 of Washington's 39 counties, would prohibit students who are biologically male from competing in school athletic competitions designated for female students. It also requires participants in girls' competitions to provide verification of their biological sex from their healthcare provider.

State's Defense Strategy

Washington Attorney General Nick Brown announced on November 12 that he had appointed outside law firm Bryan Cave Leighton Paisner to defend I-638 on the state's behalf. Brown stated this arrangement would allow the initiative to be defended while his office continued protecting transgender rights.

Athletes' Experiences

The motion cites declarations from five Female Athletes United members who describe competing against transgender athletes and considering leaving their school teams if the initiative is blocked. Soleil Hoefer, a Walla Walla Community College soccer scholarship recipient, said she was made to run against a boy at state track.

Charlie Garrett and Sierra Retzlaff describe walking off the starting line at a September meet involving a transgender runner from Camas High School. Garrett later competed against the athlete at postseason meets, finishing third behind the athlete's second-place finish at districts.

Elise Bierer, a Battle Ground High School runner, said she walked off the starting line alone at districts rather than competing against the Camas athlete. "When the starting gun went off for the varsity race, I walked off the line with tears in my eyes," her declaration states.

Legal Arguments

The motion argues that Washington's previous defense of transgender participation in girls' sports could prevent it from advancing all arguments Female Athletes United wants the court to consider. FAU will argue that the U.S. Constitution, Title IX, and existing state laws require Washington to have female-only sports teams.

ADF attorney Hal Frampton emphasized the importance of female athletes' participation in the defense. "We trust female athletes to defend the law on behalf of the state of Washington," he said. That's why we're seeking to intervene and make sure that their perspective is part of the process. The initiative is scheduled to take effect on December 3 unless blocked by the court.