Democrats push back across the nation after voters approve girls' sports protections

The battle over girls' sports is moving from ballot boxes to courtrooms as the years-long national debate has gotten a new wrinkle this month. Democrats are turning Election Day victories for the "save women's sports" movement into fresh fights to reject the will of American voters.

Voters in four states approved measures restricting transgender participation in school sports this month, but Democratic leaders in Washington and Colorado are either backing court challenges or considering changes to what voters passed. Some officials and athletic administrators have committed to following the new laws.

Washington court battles

Washington's Initiative 638 passed with roughly 56% support, prohibiting biological males from competing in female school sports and requiring students to provide healthcare documentation verifying their sex. The Washington State Democratic Party quickly made clear it supported continued resistance, arguing the initiative violates the constitution and endorsing organizations planning court challenges.

The ACLU of Washington, Legal Voice and Pacifica Law Group subsequently sued on behalf of the state teachers union, a nonprofit and parents, claiming the measure discriminates against transgender girls and imposes unequal privacy burdens. The challengers seek to prevent the initiative from taking effect Dec. 3.

Colorado considers changes

In Colorado, voters approved Proposition 134 with approximately 52% support, requiring school and college sports teams to be designated male, female or coeducational and generally tying participation to biological sex. Democratic Gov.-elect Phil Weiser has already signaled an interest in changing the measure.

Weiser raised concerns about potentially invasive eligibility verification, though he had not outlined specific changes. Because Proposition 134 changes state law rather than the constitution, lawmakers can amend it without another statewide vote. Colorado's athletic administrators have taken a more direct position on compliance.

Arizona and Nebraska approve

Arizona voters approved Proposition 318 with approximately 59% support, expanding an existing law restricting male participation in girls' sports. The proposition also restricts access to bathrooms and locker rooms based on sex recorded on an original birth certificate. Democratic Gov. Katie Hobbs had vetoed similar legislation in previous years.

Nebraska's Initiative 442 received roughly 68% support, placing restrictions on male participation in female school and college sports into the state constitution. Unlike Colorado's statutory measure, Nebraska's constitutional amendment cannot be undone through an ordinary legislative amendment. The Nebraska Democratic Party had recommended voting against it.