Washington Attorney General Nick Brown has chosen an outside law firm to defend Initiative 638 in the court fight over eligibility for girls’ school sports.
In a Nov. 12 announcement, Brown named Bryan Cave Leighton Paisner, known as BCLP, to represent Washington state in defending the initiative.
Brown said the arrangement would allow the Attorney General’s Office to continue its work protecting transgender Washingtonians while ensuring the measure receives a defense its supporters can trust. He said his personal views do not determine which laws the office defends or the strength of that defense.
What the appointment means
Outside lawyers appointed to represent the state serve as Special Assistant Attorneys General. Brown described such appointments as a common option when the office needs outside help, including for conflicts of interest, specialized expertise or workload.
His statement did not identify a particular conflict requiring the office to step aside. It also did not announce a court ruling on the request to block I-638.
The lawsuit behind the announcement
Parents, TransFamilies and the Washington Education Association filed their challenge Nov. 9, according to the ACLU of Washington’s case page. The plaintiffs’ complaint asks King County Superior Court to declare the initiative unconstitutional and prevent its implementation and enforcement.
The complaint raises claims involving student privacy, equal rights, public education and the way the measure changes existing law. Those are the plaintiffs’ arguments for the court to consider.
Why school families are following it
The official ballot explanation says I-638 would generally prevent transgender girls from participating on girls’ sports teams. It would also require students entering covered girls’ competitions to provide verification of their biological sex signed by their personal health care provider.
The measure covers public K-12 schools and private schools participating in WIAA or similar organizations. Families can follow dated guidance from their school’s athletic office alongside later court developments.
For more context, read our I-638 explainer and earlier lawsuit coverage.
