VIDEO: Measure to protect girls' sports passes, legal challenge expected

Carleen Johnson
The Center Square Washington

Backers of Initiative 638 have officially announced that the measure has passed.

Opponents of the ballot measure to keep biological males out of girls’ sports are also conceding that the measure has been approved, and are already talking about a legal challenge.

“We are so excited to announce that I-638 was passed by the majority of voters this year which means that girls' sports will only be for girls in Washington State,” read a Thursday email from Let’s Go Washington, which sponsored the measure.

“We couldn't have brought this landmark victory to our state without you. Whether you signed the initiative to get it on the ballot, talked to a few friends about voting yes, supported us financially, or simply voted yes on your ballot.”

Washington Democratic Party Chair Shasti Conrad sent an email that read in part, “the fight over I-638 is just beginning.”

“While this result is incredibly disheartening, voters in Washington and across the nation rejected anti-trans candidates up and down the ballot. And here in Washington state, we elected Jaelynn Scott, the first Black trans woman to the legislature, the first in our nation's history…we believe this initiative is unconstitutional on its face and support organizations planning to challenge it in court,” wrote Conrad.

As of Thursday afternoon, I-638 was leading by more than 291,000 votes. There are still tens of thousands of outstanding ballots to be added, but the lead is large enough that both sides agree it will pass.

The Center Square reached out to the Office of Superintendent of Public Instruction Chris Reykdal for comment on passage of I-638, as Reykdal has repeatedly voiced his support for trans athletes competing with the gender they identify with, including during a Jan. 8 press conference where Reykdal said he supports the initiative process, allowing voters to decide the issue.

“It’s about them trying to change the law. That's a legal process,” he said. “And so, I really respect that.”

Katy Payne, chief strategy officer in Reykdal’s office responded via email Thursday to questions on how and when the measure will be implemented.

“The initiative is scheduled to take effect on December 3, 2026, following certification of the election results, unless a court intervenes. Despite political rhetoric, OSPI does not have a formal role in school-based athletics programs. While the initiative requires local school districts to adopt new policy, it did not task OSPI with producing model policy language or having any other formal role in implementation. We will share guidance and information from the WIAA and others with school districts as it becomes available,” wrote Payne.

“There is a real concern that, while this initiative pertains only to trans girls, it may impact the willingness of any girl to take part in school-based athletics, given the new requirements for participation,” added Payne.

The Center Square also reached out to the Washington Interscholastic Activities Association (WIAA) for comment on passage of I-638, as that body created the rules and policies for student athletes.

The Center Square contacted Sean Bessette, director of communications at WIAA, for clarification on the law's implementation.

"The WIAA continues to follow current Washington state law. Initiative 638 is set to go into law on December 3, 2026. The WIAA Executive Board has the authority to adjust the WIAA Handbook to align with new Washington state law at the time the measure takes effect," Bessette wrote.

"The WIAA office will have all necessary changes in place by December 3, 2026. Implementation details, including updates to requirements with physicals, are undergoing legal review. Upon completed review, implementation details and updated forms will be provided to schools to help with compliance of new laws."

Let's Go Washington expects the state to uphold its legal obligations following the initiative's passage.

“We expect WIAA and OSPI to uphold the law in Washington state. The law says that girls’ sports should be for girls only. We look forward to that change being implemented for girls in December,” wrote Hallie Herzberg with LGW in a text message to The Center Square Thursday afternoon.

Meantime, attorneys with Alliance Defending Freedom are celebrating the passage of I-638.

“It’s very heartening to see so many voters showing up and standing up for women's sports, and wonderful to see that common sense looks like it's likely to prevail in the state of Washington,” said ADF Senior Counsel Hal Frampton in a Wednesday interview with The Center Square.

Frampton said ADF is still waiting to find out if the U.S. Supreme Court is going to take up their emergency appeal in the case of a Puyallup wrestler who unknowingly competed against a male wrestler who identifies as female in a match in Dec. 2025, and alleged she was sexually assaulted during the match.

ADF filed an emergency application with the U.S. Supreme Court last month, asking it to require Washington state officials to protect girls’ sports and uphold Title IX’s promise of safety and equal opportunities for women. The request also asks the court to protect parents’ constitutional right to be notified before the school places children in unsafe situations, such as matching females against biological males in competitive wrestling, regardless of how they identify.

“The case is still sitting in front of the Supreme Court. We're still hopeful to hear from them before wrestling season starts on November 16. The ballot initiative would not have an impact before that time, as it [doesn’t] go into effect until December. So, for Kallie's purposes, she still needs relief now from the Supreme Court so that she can participate in wrestling on fair and equal terms this year,” Frampton said.

Pierce County prosecutors declined to file criminal charges in Keeler’s case, arguing that such charges would be difficult to prove in court, despite the fact the sheriff's office referred a rape charge.

The principal and athletic coordinator of Rogers High School in Puyallup remain on paid leave after pleading not guilty to charges related to failing to comply with mandatory reporting laws.

ADF says if SCOTUS does not take the case, Keeler will likely miss another wrestling season.

This report was first published by The Center Square Washington.