The Alliance Defending Freedom (ADF) has submitted a motion to the King County Superior Court, seeking to allow Female Athletes United (FAU) to join as a defendant in a lawsuit challenging Washington's voter-approved Initiative 638. Filed on November 13, the motion asserts that the state may not adequately represent the interests of female athletes in defending the measure, which is currently facing an ACLU-backed legal challenge. It is important to note that this filing is a request for permission to intervene, not a granted order.
Initiative 638 establishes a prohibition against students who are biologically male participating in school athletic contests designated for female students. Furthermore, it mandates that individuals competing in girls' sports verify their biological sex through documentation from their personal healthcare provider during the standard sports physical examination.
The legal action contesting the initiative names parents, TransFamilies, and the Washington Education Association as plaintiffs. Their contention is that the measure infringes upon the Washington state constitution, specifically provisions related to privacy and equal rights. They argue this violation occurs by excluding transgender girls from female sports and by implementing sex-verification mandates exclusively for girls' sports participants, a requirement not extended to boys' sports.
Advocacy Group's Case for Intervention
When questioned about his confidence in Washington Attorney General Nick Brown's defense of the initiative, an ADF representative, Matt Frampton, emphasized the female athletes his organization represents.
