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Washington Democrat AG hands girls’ sports law defense to outside firm amid conflict of interest concerns
Washington Attorney General Nick Brown has appointed Bryan Cave Leighton Paisner to defend Initiative 638, a voter-approved law restricting who can compete in girls’ school sports. The move places the defence with an outside firm while Brown’s office continues litigation protecting transgender residents’ rights, following questions about possible conflicts of interest.
The initiative passed with about 56% support and is due to take effect on 3 December. It requires covered schools and sports bodies to bar biological males from girls’ competitions and asks students to provide a health-care provider’s verification of biological sex as part of a routine sports physical. Opponents, including the ACLU of Washington and Brown’s former firm, argue the rules violate state constitutional protections; Seattle’s school board has also authorised potential legal action.
In short
- Brown appointed an outside firm to defend Initiative 638.
- The measure received about 56% support and takes effect on 3 December.
- Opponents argue its requirements violate state constitutional protections.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
Supporters argue that girls’ sports categories exist to preserve fair competition and meaningful opportunities for female athletes, and that voters’ approval gives the state a mandate to enforce the law. They may see biological-sex eligibility rules and consistent verification as a clear, administrable way to protect those aims.
The case against
Opponents argue that excluding transgender girls and requiring sex verification can violate equal-protection and privacy rights, while causing stigma or harm to students. They may also contend that a voter-approved measure must still comply with the state constitution and that transferring its defence to an outside firm does not resolve the underlying legal questions.