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- calendar_today November 13, 2026
Washington Attorney General Appoints Outside Firm for Girls' Sports Law Defense
Washington Attorney General Nick Brown has chosen an external law firm to represent the state in defending a voter-approved measure that bars biological males from participating in girls’ school sports. The move comes amid ongoing litigation aiming to protect transgender rights and concerns about conflicts of interest within the attorney general's office.
Initiative 638 and Its Passage
The measure in question, known as Initiative 638, was approved by Washington voters with approximately 56% support in the November 3 election. The law requires school districts and athletic associations to prohibit biological males from competing in competitions designated for female students. In order to participate, students must submit documentation from their healthcare provider verifying biological sex, using reproductive anatomy, genetic makeup, or naturally produced testosterone levels as criteria.
Attorney General’s Justification for Assigning Outside Counsel
Attorney General Brown announced on Thursday that Bryan Cave Leighton Paisner (BCLP), a firm with an established presence in Washington, will serve as the state's representative in court. Brown stressed that defending voter-enacted laws is a core responsibility of his office, regardless of personal views.
Brown noted that appointing outside attorneys as special assistant attorneys general is a common practice when potential conflicts arise or when specialized expertise is required. He acknowledged his office's ongoing work in defending transgender rights, particularly regarding healthcare and equal treatment, and stated this work would continue separately from the defense of Initiative 638.
Legal Challenges and Conflict of Interest Concerns
The decision to appoint external counsel follows inquiries about possible conflicts of interest, especially given connections between Brown’s office and groups challenging the law. Notably, Brown’s former law firm, Pacifica Law Group, is among several organizations—including the ACLU of Washington and Legal Voice—representing parties challenging the initiative in King County Superior Court. Plaintiffs in the lawsuit include families of student-athletes, the Washington Education Association, and TransFamilies.
Opponents of the law argue that its restrictions and sex-verification procedures violate constitutional protections, such as privacy and equal rights. They warn that the requirements could lead to invasive examinations and the exclusion of transgender students from school sports opportunities. The initiative is scheduled to take effect on December 3, pending legal outcomes.
Seattle School Board’s Response
Beyond the state-level legal battle, the Seattle school board has also responded to the initiative. On Monday, the board voted unanimously (7-0) to authorize potential legal action regarding the new law. Board members asserted that the courts should clarify the district’s obligations, emphasizing the need to balance the recent voter initiative with existing protections against discrimination and privacy violations.
Board member Joe Mizrahi stated, “We can’t say we’re respecting democracy if we treat the most recent vote as a reason to ignore all the other laws that are on the books.”
Looking Ahead
The legal fight over Washington's girls sports law is ongoing, with the appointed external counsel set to defend the measure in court. Meanwhile, opposition groups continue their efforts to block the law before its effective date, arguing that it infringes upon the rights and inclusion of transgender students. The outcome of these legal challenges will help determine how the initiative is enforced and its impact on school sports policy statewide.
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Source: foxnews.com.
