SEATTLE — The Seattle Public Schools Board has given the district the authority to hire lawyers and take legal action regarding Initiative IL-638 if it deems it necessary.
The board approved the resolution at a special meeting Monday. It says the initiative’s requirements would apply only to women’s sports and could subject girls to increased scrutiny and privacy controls that boys are not subject to.
RELATED | Initiative to ban transgender student athletes from girls’ sports passes in Washington
The school board also raised concerns about potential legal, financial and administrative costs to public schools.
The board voted against the initiative in September. Monday’s resolution reiterated that position and the school board’s commitment to student privacy, equal treatment and access to athletics and other educational opportunities.
Our responsibility as a school board is to uphold the law and protect the students and families we serve,” said board President Gina Topp. “When a new law raises serious questions about how it interacts with existing laws and constitutional protections, we have a responsibility to seek clarification from the courts. This resolution gives the district the opportunity to take appropriate legal action so that we can fulfill our obligations to our students.
RELATED | Voter-approved girls sports initiative faces court battles
Those who support the initiative say the issue is not about gender identity, but about equity.
“It should never have come to this,” said I-638 supporter Amy Sousa. “It should never have come to a situation where men would be allowed to compete in the women’s category.”
Sousa and others participated in a brief outburst after Monday’s vote.
“Justice delayed is justice denied!” Who will listen to these girls? Sousa said.
Opponents argue that gender verification requirements violate students’ privacy and dignity.
“I think it will depend on how they choose to enforce it, and it could be a very difficult situation,” added Simon Thornton of Seattle about how girls can be controlled.
Board member Joe Mizrahi said the initiative could conflict with state laws that protect student privacy and equal access to educational opportunities.
Washington has important laws that protect student privacy, ensure equal access to educational opportunities, and ensure that students are treated fairly,” Mizrahi said. “These laws reflect the values that our communities have fought for and overwhelmingly support. As board directors, we take an oath to uphold them. At this time, we do not see a way to implement Initiative 638 without violating these vital protections. We are not prepared to simply ignore our other legal obligations, and that is why we are asking the courts to help us resolve this conflict.
“We haven’t determined what type of legal action. I think that obviously comes down to the people who know the attorneys in the room,” added SPS Board President Gina Topp.
No time frame has been set for when the district will decide what type of legal action could be taken. The law comes into force on December 3.
SPS is acting on its own, although board members said it’s possible other districts will follow suit.
Last Tuesday, Washington voters approved Initiative 638 by nearly 12 percentage points, with 55.83% voting yes and 44.17% voting no.
The resolution also reaffirms the school board’s commitment to schools that are “safe, inclusive, nurturing and supportive for all children,” according to district leaders.
Gn usa
