Seattle school board directors voted unanimously Monday evening to give Superintendent Ben Shuldiner the authority to take “legal action” against Initiative 638, which bans transgender girls from participating in school sports.
The mostly muted audience, some holding flags and signs in support of transgender youth, applauded after the vote. A smaller group held signs saying “Girls deserve fair sports” and “Save women’s sports” heckled board members as they exited the emergency meeting at the district’s headquarters.
Director Joe Mizrahi, a lead sponsor of the resolution, told the audience that when board members take their oath of office, they swear to uphold the U.S. Constitution — and laws that protect students from discrimination.
“Right now, I don’t see how we can implement the requirements of Initiative 638 without violating those other laws and constitutional protections,” Mizrahi said. “It raises serious questions about equal protection, student privacy, and whether we’re creating additional barriers for female student athletes to participate in school activities.”
Initiative 638, which was passed by 56% of Washington state voters, requires girls to prove their “biological sex” to play girls’ sports. Girls would have to submit to a health examination that includes a genital check, a hormone test for testosterone levels, or a chromosome test.
“We can’t pick one new law to follow and disregard other laws,” Mizrahi said. “When those laws potentially conflict, we actually have a system for resolving those conflicts, and that’s called the courts.”
Speaking to reporters after the vote, board President Gina Topp and director Mizrahi stated the resolution does not include directions around the exact legal action the district could take related to the initiative, or tentative plans around when the district would file a suit. The initiative is slated to take effect Dec. 3 — 30 days after the election.
Supporters have argued that the initiative will create fairness and safety in girls’ sports.
In a text message to KUOW, Hallie Herzberg, a spokesperson for Let’s Go Washington, a political action committee that backed Initiative 638, stated that the measure is set to become law on Dec.3, whether SPS “wants it to or not.”
“Voters made their opinion on boys in girls’ sports loud and clear, and now we expect OSPI and the WIAA to do everything in their power to ensure that the rights and opportunities of girls in their sports are protected,” Herzberg wrote.
The WIAA – Washington Interscholastic Activities Association — would determine how to align public school sports rules with the new law.
Seated in the front row at the school board meeting, Amy Sousa, of Clark County in southwest Washington state, wore a red hoodie with the words “Save women’s sports” across her back. She doesn’t have children attending Seattle schools, but she came to the board meeting because she believes the initiative is about “preserving the promise of Title IX.”
“I’m here to tell King County that 35 out of 39 counties voted to pass this, and King County does not have the right to interrupt the electoral process, to interrupt the voters, and to interrupt what we have all voted for,” Sousa said.
Dennis Bratland, a Seattle parent, said he was disappointed that the initiative passed. He attended Monday night’s meeting with a transgender pride flag in hand. He said he believes voters were given an “absurd” and “misleading” summary of the initiative, and that many people didn’t know what they were voting for.
While speaking to reporters, director Mizrahi stated the outcome of the board’s vote isn’t to make “any moral judgement” about Seattle parents who may have voted for the initiative.
“In Washington state, we don’t have a pre-initiative process to say if something is a valid law or not,” Mizrahi said. “People can vote for whatever they want, and then we have to figure out how to actually administer that.”
Mizrahi acknowledged that as the largest school district in the state, it’s likely “a lot” of other districts are looking to Seattle to see how they should navigate the initiative.
“I don’t think that we really asked ourselves the question of should we wait,” Mizrahi said.
Source: www.kuow.org
