Washington Democrats call voter-approved Initiative 638 unconstitutional, will support legal challenges
The Washington State Democratic Party said in a Nov. 5 statement that it considers voter-approved Initiative 638 unconstitutional and will support organizations planning to challenge the measure in court.
Party chair Shasti Conrad, in the statement to OutKick cited by the news article, called the result “incredibly disheartening” and said, “The fight over I-638 is just beginning. We believe this initiative is unconstitutional on its face and support organizations planning to challenge it in court.” The party also said in a separate statement to OutKick, “WA Dems will not be challenging the initiative in court. We believe there will be organizations who do and we support those efforts.” The party declined to make Conrad available for an interview, the article said.
Voters approved Initiative 638, which bars students the measure defines as biologically male from competing in girls’ K‑12 athletic competitions and requires students seeking to compete in female-only sports to submit a health examination form or similar statement from a health-care provider verifying biological sex based on reproductive anatomy, genetic makeup or normal endogenously produced testosterone levels, the article reported. The Associated Press called the measure as passed; Axios reported it had about 56.6% support in the results cited by the article.
The article said I-638 does not specify which examinations or tests providers must use; opponents have warned it could lead to invasive exams or testing. Let’s Go Washington, the group behind the initiative, told the article providers can rely on existing medical records and that the measure does not require genital exams. The Washington Interscholastic Activities Association told the article its current sports-physical rules do not require genital, DNA or hormone testing. I-638 is set to take effect Dec. 3, pending certification of the election results, the article said.
The party’s statement also noted voters rejected two other measures backed by Let’s Go Washington — I-001, concerning parental rights and access to student information, and I-645, which sought to repeal the state’s new tax on income above $1 million — and said I-638 was the third measure in the group’s 2026 ballot effort, according to the article.
Conrad’s statement also pointed to Jaelynn Scott’s election to the state House; the article said Scott is set to become Washington’s first openly transgender state legislator and the first out Black transgender woman elected to a state legislature in the country.
The Fox News/OutKick article included additional reporting on local disputes and legal actions tied to transgender athletes: it described a Camas high school cross-country protest, a federal court challenge to a Washington wrestling policy filed by a Puyallup student identified as K.M.K. alleging an assault during a December 2025 girls’ match, and a separate Title IX complaint from a Tumwater girls’ basketball game that prompted a U.S. Department of Education inquiry. The article said the K.M.K. family has sued state and school officials and has sought emergency relief from the U.S. Supreme Court; the Supreme Court docket showed an application remained pending as of Nov. 3, the article reported.
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