WA attorney general’s office appoints outside law firm to defend transgender sports ban

The Washington State Attorney General’s Office announced Thursday it has appointed an outside law firm to defend Initiative 638, which will bar transgender girls from competing in girls’ school sports.

Attorney General Nick Brown said in a statement that his office has done extensive work to defend the rights of transgender Washingtonians and cannot give up that work.

“We have brought and won important cases against the federal government to protect access to vital healthcare services, and we have vigorously defended state laws that give transgender people equal protection under Washington law,” Brown stated. “We will not and cannot abandon that work. And while voters have passed a law changing our state’s approach to school sports, many other laws remain on the books that protect the rights of transgender people in a wide range of contexts.”

Brown has appointed law firm Bryan Cave Leighton Paisner (BCLP) to defend I-638 on behalf of Washington state.

“Appointing outside counsel — known as a Special Assistant Attorney General — is a common step we take when our office cannot handle a case ourselves, whether because of a conflict of interest, a need for specialized expertise, or simply because of workload,” Brown stated. “BCLP is a well-respected national law firm with a substantial presence in Washington state.

“The firm’s attorneys have handled many important cases on behalf of the state previously,” he continued. “I am confident that this approach will best ensure that I-638 is appropriately defended in a way that its supporters can have confidence in, while also allowing our office to continue our other important work defending transgender rights. My highest obligation is to Washingtonians, and I am confident that this approach best respects their will.”

Legal challenges follow voter approval of transgender sports ban

Earlier this week, the Seattle School Board authorized the district to hire legal counsel and pursue potential legal action over I-638.

The board argued that the measure could conflict with existing student protections and subject girls to scrutiny, verification and privacy intrusions not imposed on boys. Its resolution also raised concerns about the legal, financial and administrative burdens of implementation.

Washington state Democrats separately pledged to support groups seeking to overturn the measure, saying they believe it is unconstitutional.

I-638 requires students seeking to compete in girls’ school sports to submit a signed statement from a health care provider verifying their biological sex. Supporters of the initiative said the measure protects fair competition and opportunities for girls.

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