Surprising No One, The Evergreen Echo Endorses Resounding ‘No’ on I-638
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As discourse surrounding the distinct differences between biological sex and gender-based identity continues to expand, athletic institutions have increasingly been presented with the question of who has access to play on gender-specific teams. In recent years, the NCAA, U.S. Olympic and Paralympic Committee, and the International Olympic Committee have all determined that their institutions will prohibit athletes who are biologically male from participating in women's sports regardless of their active gender identification.
On June 23, The Supreme Court of the United States followed suit as they upheld laws from Idaho and West Virginia that banned transgender girls and women from playing on school sports teams designated for women or girls. The specific question posed to the high court was if, under Title IX and the 14th Amendment, schools' athletic teams would be allowed to determine eligibility based on an athletes' biological sex as opposed to their gender identities.
The distinct differences between gender and biological sex are illuminated in the language of the Save Women’s Sports Act that both Idaho and West Virginia enacted in the early 2020s. The act stipulates that biologically male students (assigned male at birth) are effectively prohibited from joining women’s or girls’ sports teams. By determining eligibility based on biological sex as opposed to gender identity, the Save Women's Sports Act has actively barred transgender athletes from participating in women’s sports, as Trans women are not recognized as female athletes under the act's language.
Amidst an international sway towards defining athletes along the lines of biological sex as opposed to gender identification, Washington remains a state in which Trans athletes maintain legal protection regarding the right to play sports. In Washington, inter-scholar athletes are granted the autonomy to play on athletic teams that best align with their gender identities.
Though the recent SCOTUS ruling does not reverse these legal protections for Trans athletes in Washington State, it does cause concern for LGBTQIA+ athletes and advocates and has the potential to impact all femme athletes in Washington.
Members of the Conservative PAC Let’s Go Washington will be bringing a ballot initiative to the next election that would require all femme athletes participating in inter-scholar athletic activities to provide a verified statement from a healthcare provider stating that they are biologically female. Advocates of IL26-638, or the “Protect Fairness in Girls’ Sports Act”, argue that allowing biological men to participate in women’s sports disrupts the fairness of girls athletics and that barring athletes not biologically female will protect said fairness.
Because all athletes interested in participating in girls’ sports would be required to undergo biological examinations, a critical question arises regarding the methods by which these determinations would be both established and verified. In their initiative measure, Let’s Go Washington states that biological sex determinations would be made by students’ healthcare providers and would rely on one or more of the following criteria: “The student’s reproductive anatomy, genetic makeup, or normal endogenously produced testosterone levels.”
In opposition to Let’s Go Washington, No Hate in Washington State argues that said biological determination screenings would be invasive, harmful, and would likely be unconstitutional in Washington. Since IL26-638 does not call for a bilateral implementation, or rather for biological girls to be barred from boys sports as well, NHWS argues that the initiative may be unconstitutional under Washington’s anti-discrimination law.
No Hate in Washington State has also secured the endorsement of medical professionals who voice concern about the harm of genetic testing and the communities the proposed initiative could impact most. They articulate that “Nurses and doctors say IL26-638 will subject girls to invasive, medically unnecessary, and potentially harmful genital exams to verify their sex for sports’ physicals.”
As of August 24, over a hundred medical professionals have signed an endorsement of No Hate in Washington State’s campaign. The endorsement letter highlights that IL26-638 will disproportionately impact athletes who do not have access to long-term family doctors or pediatricians. Furthermore, the endorsement notes that “Black, brown, immigrant, low income, and rural families who often face barriers to accessing family physicians frequently depend on free large group sports physicals where girls could face greater embarrassment and harm from invasive genital inspections” as well as being “one of the most significant attacks on LGBTQ+ rights and student safety in our state’s history.”
The SCOTUS ruling banning transgender athletes from women's/girl’s sports teams aligns with a larger systemic shift towards biological sex and away from gender identity. This shift disproportionately impacts trans athletes who, under biological sex-based eligibility criteria, are not able to play on teams that reflect their gender identity.
Voters in Washington State will be given the chance to vote on the “Protect Fairness in Girls’ Sports Act” on the November 3 ballot, and regardless if you’re an athlete or a voter, looking into this ballot measure is not only part of a greater discourse around gender identity, biological gender, and Queer rights, but it also has the potential to impact all young femme athletes in the state. What future would you prefer for our youth?
Editor’s Note: The Evergreen Echo has voted by majority to officially endorse the No Hate in Washington State campaign and urges all Washington voters to consider a resounding “no” to the heinous, unnecessary, bigoted IL26-638 bill on the November 2026 ballot.
