WA Initiative 638 on trans athletes leads, but gap shrinks slightly

A Washington ballot initiative that would ban transgender girls from competing in girls K-12 school sports maintained significant support in the latest vote tally Wednesday afternoon, with hundreds of thousands of votes yet to be counted.

About 56% of ballots favored Initiative 638, which is one of three statewide measures backed by conservative political committee Let’s Go Washington this election. As new ballots were counted between Tuesday and Wednesday, the percentage of “no” votes grew slightly, narrowing the gap by less than a percentage point.

The Associated Press called the result for I-638 Wednesday, with voters approving the measure.

I-638 would partially walk back a long-standing statewide policy that allows transgender students to participate on the sports teams that align with their gender identity. The Washington Interscholastic Activities Association, which oversees middle and high school sports, established this policy in 2007, the first of its kind in the nation.

I-638 aims to block transgender girls from participating in K-12 individual or team sports programs “intended for female students only,” according to the initiative’s language . The new policy would apply to public and private schools governed by the WIAA.

It would also require that all students wanting to participate in girls athletics submit medical documentation verifying their “biological sex.” This documentation would examine the student’s “reproductive anatomy, genetic makeup, or normal endogenously produced testosterone levels.”

“We’re grateful that Washingtonians are continuing to stand with girls and confirm that their voices and opportunities matter. We look forward to girls getting to compete in safe and fair athletics,” Let’s Go Washington spokesperson Hallie Herzberg said in a written statement on Wednesday.

Supporters of I-638 include national and local groups such as Democrats for an Informed Approach to Gender, XX-XY Athletics and the Washington State Young Republicans, among others.

If voters approve I-638, Washington would join three other states where similar measures are leading or have passed this November, including Colorado , Arizona and Nebraska . The measure would also likely face a court challenge , according to legal experts.

Votes to approve Let’s Go Washington’s two other measures — initiatives 001 and 645 — were trailing Wednesday evening, according to the Secretary of State’s office. Initiative 001 would allow parents more access to public school records related to their students, while Initiative 645 would repeal the state’s new high-earners income tax.

Libby Watson, representing the campaign opposing Let’s Go Washington’s initiatives, No Hate in Washington State, said she was proud of Washington voters for rejecting Initiative 001 and added that I-638 would harm girls because of its “invasive exam requirements.”

“While the results are a disappointment, voters here in Washington and across the nation rejected candidates up and down the ballot who made trans sports bans the centerpiece of their campaigns,” Watson said in a written statement.

Four counties had a majority of voters say “no” to the measure: King, Jefferson, San Juan and Whatcom. In every other county, most voters said “yes.”

Michael Woodward, the executive director of TRACTION, a Seattle-based transgender rights nonprofit, said he’s “disappointed” by Wednesday’s vote count. He sees a contradiction between the success of I-638 and the major wave of wins in Tuesday’s elections for the Democratic Party, which he said needs to focus on supporting transgender people.

“Democrats really need to show our community now that they have our backs because now they’re in power,” Woodward said. He added: “Now’s the time.”

Ryan Nguyen : rnguyen@seattletimes.com . Ryan Nguyen is an engagement reporter for The Seattle Times’ Education Lab, where he helps connect the newsroom with parents, students, teachers and others who care about schools.