SEATTLE — The Seattle School Board voted Monday night unanimously to authorize potential legal action over Initiative 638, the voter-approved measure that will restrict participation in girls’ school sports based on sex, as district leaders seek clarity over whether the new law conflicts with other state laws and constitutional protections.
The vote came during a special Seattle Public Schools board meeting, where members approved Resolution 2026/27-11. The resolution allows the district to secure legal counsel and pursue legal action if attorneys determine it is warranted.
Initiative 638 passed last week with nearly 57% of the vote.
The measure would prevent students it defines as “biologically male” from participating in female-designated interscholastic sports and establishes sex-verification requirements for students seeking to participate in those sports.
Board members said Monday that they are concerned implementing the initiative could put Seattle Public Schools in conflict with other legal requirements and potentially expose the district to litigation.
“We think that it conflicts with many, many other laws in the Washington books and possibly the Washington Constitution,” Seattle School Board Member-at-Large Joe Mizrahi said. “And so, we’re asking a judge; we will be asking the courts for clarity in how we implement that or whether or not it does conflict with these other laws, in a way that we can’t implement.”
The vote drew strong reactions from people on both sides of the issue.
Amy Sousa, who supported Initiative 638, was upset with the board’s decision.
“It’s very frustrating,” Sousa said. “We fought really hard to stand up for fairness for our girls.”
The resolution is welcomed by those wanting transgender athletes to participate in girls’ sports.
“I think sports are supposed to be welcoming to everyone, and trans kids have every right to participate in sports just the same as cis kids,” Simon Thornton said.
The resolution does not specify exactly what legal action Seattle Public Schools will take.
School Board President Gina Topp acknowledged that the resolution itself does not stop Initiative 638 from taking effect, but said potential legal action could provide the district more time.
“I don’t think that this stops the clock anyways, but I do think looking at some of the legal action that’s possible, hopefully we can maybe gain a little bit more time here,” Topp said.
Mizrahi believes the resolution is the next step in determining what the district is legally required to do.
“I think we are trying to be a responsible board and figure out our legal obligation to our students and to uphold the laws of the state, and so this seemed like the next logical step,” Mizrahi said.
Superintendent Ben Shuldiner said he expects to speak with the district’s general counsel as early as Tuesday.
In the meantime, he says Seattle Public Schools will continue operating under its current policies.