Opinion: Don’t expect bans on trans athletes in girls’ sports in WA, even with SCOTUS ruling

The Tumwater Thunderbirds pose on the podium with their third-place team trophy at the 2025 2A/3A/4A state championship meet at Mount Tahoma High School. Photo courtesy Dylan Reubenking/The Chronicle

🎧 WA Won’t Ban Trans Athletes — What Comes Next?

Washington leaders respond to Tuesday’s Supreme Court ruling exactly as Clark County Today Editor Ken Vance expected them to react

Ken Vance, editor
Clark County Today

If you’re celebrating the United States Supreme Court Tuesday ruling that keeps in place state laws banning transgender athletes from participating on women’s and girls’ sports teams you might want to remember where you live.

Ken Vance

The SCOTUS decision stems from challenges to bans in Idaho and West Virginia. The nation’s highest court found, 6-3, that the bans in Idaho and West Virginia do not violate the Equal Protection Clause of the 14th Amendment. The court was unanimous that Title IX, a landmark 1972 law that mandated sports teams be equally provided to male and female students, does not block bans such as the ones in Idaho and West Virginia.

If you’re thinking, hoping or praying the decision will either force the hands of Washington officials to change state law or issue a directive for the Washington Interscholastic Activities Association (WIAA), save yourself the frustration. It’s not going to happen. The SCOTUS decision actually gives progressive states such as Washington the license to dig their heels in even deeper when it comes to this issue. The state Office of Superintendent of Public Education (OPSI) wasted no time Tuesday in issuing a statement confirming just that.

“In West Virginia v. B.P.J. and Little v. Hecox, the Court upheld the right of states to ban transgender girls from participating in school-based athletics in alignment with their gender identity — effectively also upholding the right of states to allow students to participate in athletics in alignment with their gender identity,’’ the OPSI statement read. “Washington state law has robust protections against discrimination for public school students, which has included discrimination based on gender identity for two decades. These protections fit within the scope of what is allowed by federal law and today’s ruling.’’

“Today’s decision reinforces Washington state’s ability to adopt and implement our own laws in alignment with our values,” said State Superintendent Chris Reykdal. “Our Legislature has been clear: All students are welcome here.”

While the Court’s decision does not impact Washington law, Initiative Measure IL26-638, which will be decided by Washington voters this fall, aims to institute a state ban on the right for transgender girls to participate in girls sports.

“While OSPI does not oversee athletics in our state, the office is responsible for communicating, upholding, and enforcing the law,’’ the OSPI statement read. “Superintendent Reykdal will continue to uphold Washington’s law unless or until the law changes. Should voters pass IL26-638 this November, it is likely to be challenged in court. OSPI will continue to communicate any changes to state law.’’

WIAA response

In January 2025, WIAA Executive Director Mick Hoffman, a former administrator with the Vancouver School District, told me the WIAA has been operating under the same state laws regarding transgender athletic participation for the past 19 years.

I reached out to Hoffman today to see if the SCOTUS ruling could have any changes for high school athletes in this state. He provided me with a statement being offered by the WIAA Tuesday.

“WIAA is committed to following WA State law and will continue to do so,’’ the statement read. “The WIAA Executive Board has the authority to alter the Association’s policies to remain aligned with the state law should state law change. The SC decision is undergoing legal review by our legal team.’’

Washington athletes respond

Ahnaleigh Wilson, a high school track athlete in East Wenatchee who has been outspoken in defending girls’ rights in Washington state, was in Washington, D.C. for the rally to protect girls’ sports this January. She weighed in on the case in a statement provided by Let’s Go Washington:

“Today’s Supreme Court decision is such a big win for female athletes in Washington and across the country. As a female student-athlete who has competed against boys in girls’ sports, this issue has been deeply personal to me,’’ Wilson stated.

“I know the dedication, sacrifice, and countless hours of training that girls like me invest in the sports they love. We deserve the opportunity to compete on a fair and level playing field.

Title IX opened doors for generations of girls to compete, earn scholarships, develop leadership skills, and pursue their dreams, and this decision helps protect those opportunities.

“While we may not all agree on every aspect of this issue, I know we can treat every person with dignity and respect while also preserving fair competition for female athletes. I’m grateful that girls will continue to have the chance to compete fairly, be recognized for their achievements, and pursue their dreams through hard work and determination.”

Let’s Go Washington also shared a reaction from Frances Staudt, a multisport athlete at Tumwater High School, who was also in attendance at the D.C. rally. She has been working to ensure that girls have the protections they deserve from Title IX and she claims to have been bullied, harassed, and called a bigot by opponents on the issue. She offered her thoughts on the ruling here:

“While I am grateful that the Supreme Court ruled in a way that recognizes states’ authority to protect girls’ sports and limit participation based on biological sex, it is disappointing that this decision does not change the reality for girls here in Washington State,’’ Staudt stated. “Washington has chosen to continue allowing boys and men to compete in girls’ sports, sending a message to many girls and families that their concerns about fairness, safety, and equal opportunities are not being prioritized.

“I have personally been affected by this issue and have seen firsthand the impact these policies can have. I have traveled across Washington State and to Washington, D.C., to advocate for what I believe is fairness and protection for female athletes, and I will continue to do so. I will not be silenced, and I will continue to speak out on behalf of girls who feel their concerns are being ignored.

“By refusing to change its policy, Washington State is sending a message to girls across our state, including myself, that our concerns about fairness, safety, and equal opportunities come second. We deserve to know that we matter and that the protections intended for female athletes are taken seriously.

“Governor Bob Ferguson, Attorney General Nick Brown, and Superintendent Chris Reykdal must be challenged and held accountable for the policies they support. Washington families have the right to speak up, demand accountability from their leaders, and advocate for policies they believe best protect girls and their opportunities in sports. Boys and men do not belong in girls’ sports or their private spaces. Period.”

Initiative IL26-638

It’s obvious to me that girls and women in this state can not count on OSPI or WIAA officials to protect them, nor is there any reason to believe the Democrat majority in the Washington State Legislature will. At this point, the initiative before the voters is the best chance for change.

Let’s Go Washington officials took the opportunity Tuesday to remind voters to support the initiative on this year’s ballot.

“This case is a victory for girls across the country, but specifically in Washington State. We know that girls deserve equal protection under the law and SCOTUS just affirmed that they know that, too,” said Hallie Herzberg, LGW spokesperson. “This case gives states the authority to stand up for girls, something Chris Reykdal, Jamie Pedersen, Laurie Jinkins, and Bob Ferguson have been too cowardly to do. Voting yes on 638 will protect girls’ sports and confirm once and for all that girls deserve safe and fair access to their sports, spaces, and opportunities.”

IL26-638 would protect girls’ sports by requiring the student athlete’s primary care physician, during their routine sports physical exam, to specify whether they are female or male. Biological males attempting to compete in girls’ sports would not be permitted to participate, however, they would be allowed to play in the league that aligns with their biological gender.

“Though supporters of the initiative have been met with hate, physical and verbal attacks, bullying and even lawsuits, LGW will continue to make the case that girls are worth standing up for,’’ read Tuesday’s statement from LGW.