WASHINGTON — Washington state voters are considering Initiative 638, a measure that would require female student-athletes to submit documentation from a health care provider verifying their biological sex before competing in school sports.
If enacted, the requirement could affect approximately 118,000 girls who participate in Washington high school athletics each school year, according to participation data from the Washington Interscholastic Activities Association (WIAA).
The initiative is sponsored by a group, Let’s Go Washington, that argues allowing people born male to compete in girls’ sports creates an unfair playing field.
The measure faces opposition from several groups, including No Hate in WA State, a group that also cites Washington Gov. Bob Ferguson and U.S. Sen. Patty Murray in opposition to the initiative.
According to Ballotpedia, supporters and opponents have raised nearly $10 million for and against the ballot initiative.
Amy Sousa, a proponent of Initiative 638, argued that biological sex is a necessary classification for athletic eligibility. Sousa referenced video she recorded in Camas, Washington, which showed a group of girls who chose not to compete against a fellow athlete who is transgender.
“I don’t think those girls should have to be activists,” Sousa said. “So, Initiative 638 is a fairness in girls’ sports act, and I support it because I support Title IX for the same reasons.”
Title IX was a landmark decision at the federal level to guarantee sports for women/girls.
Sousa claimed that verifying sex through health care providers would not require burdensome procedures for families.
“Your doctor knows what sex you are, so are no extra tests involved in this,” Sousa said. “This is a no-brainer issue one; of the the things that parents get American citizens care about the most is fairness.”
Kelsey Gellner, an opponent of the measure, argued that existing policies already address transgender participation appropriately at the local level.
“So if a transgender girl wants to play school sports, it is a case-by-case basis that is done at the school and athletic director level, and I think that’s working well for us right now,” Gellner said.
Gellner expressed concern about the statewide physical documentation requirement for student-athletes.
“I’m strongly opposing Initiative 638 because I really think it is a detriment to our kids,” Gellner said. “All the governing bodies on this topic say that we should be limiting our genital exams for our girls, and so to do a broad-spectrum examination for all girls in Washington State is medically inappropriate.”
According to Ballotpedia, 27 states across the country have enacted laws requiring biological sex verification for participation on gender-specific sports teams.
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