Washington: 2 Statutory Amendments - 1 Protect Girls' Sports, 1 Promoting Parent's Rights
1. Washington: “Protecting Fairness in Girls’ Sports” Amendment to State Statute
Text of Ballot Language / Question
As supplied by the
Attorney General, the ballot title and summary are as follows:
BALLOT TITLE
Statement of Subject: Initiative Measure No. IL26-638 concerns participation in athletics at K-12 schools.
Concise Description: This measure would prohibit students it defines as “biologically male” from competing in certain school athletic activities intended for female students only. It would require verification of biological sex by students’ healthcare providers.
Should this measure be enacted into law? Yes [ ] No [ ]
BALLOT MEASURE SUMMARY
This measure would require policies prohibiting students it defines as “biologically male” from competing with or against female students in certain interschool athletic activities that are intended for female students only. Students who choose to participate in such activities must provide a statement from the student’s healthcare provider verifying the student’s biological sex, based on reproductive anatomy, genetic makeup, or normal endogenously produced testosterone levels. These requirements would apply to individual or team athletic competitions.
For the full text of the proposed statutory language, see
here.
What It Does: Decoding the Text
The Washington “Protecting Fairness in Girls’ Sports” initiative would amend state statute so that:
- Biological male students would be prohibited from competing in female sports. (Specifically, “Policies, procedures, rules, and other requirements adopted in accordance with RCW 28A.600.200 by a school district board of directors or a voluntary nonprofit entity must prohibit biologically male students from competing with and against female students in athletic activities with separate classifications for male and female students if the activity is (a) Intended for female students only; and (b) An individual or team competition activity.”)
- Verification of the student's biological sex is included as part of the currently required routine sports physical examination.
- Title IX is adhered to, as outlined by the group organizing the initiative, “Let’s Go Washington.”
Fiscal Impact
There is no official fiscal impact statement; however, the state could incur minor costs from potential administrative changes.
Current Status & Next Steps
HOW TO TAKE ACTION
2. Washington: “Strengthen Communication Between Parents and Schools” (Parents’ Bill of Rights) Amendment to State Statute
Text of Ballot Language / Question
As supplied by the
Attorney General, the ballot title and summary are as follows:
BALLOT TITLE
Statement of Subject: Initiative Measure No. IL26-001 concerns parental rights relating to their children in public school.
Concise Description: This measure would repeal amendments to a statute listing certain rights of parents and guardians of public-school children and re-enact the law as it was originally enacted by Initiative to the Legislature 2081.
Should this measure be enacted into law? Yes [ ] No [ ]
BALLOT MEASURE SUMMARY
This measure would re-enact RCW 28A.605.005 as it was originally enacted in Initiative to the Legislature 2081. The re-enacted law would list certain rights of parents and guardians of public school children, including rights to review materials and student records, receive certain notifications and opt students out of certain activities. It would repeal amendments to the statute, which modified school obligations and access to certain student records and added certain parental rights.
What It Does: Decoding the Text
The Washington “Strengthen Communication Between Parents and Schools” (Parents’ Bill of Rights) Statutory Amendment would amend state statute so that the previously enacted citizens’ initiative on this matter, which the legislature reversed, is restored. The reenacted law would:
- Make clear that parents of public school children have certain rights, “including rights to review materials and student records, receive certain notifications and opt students out of certain activities.” These specifically include the right to:
- Request and receive within 10 days any medical or health records held by the school. This includes any records related to mental health, such as those related to a child’s “gender identity,” as well as records related to pregnancy and abortion (under the legislature’s changes, health and medical records were not necessarily included in those that would be released by the school and, even if some were, the time frame for receiving these records is 45 days).
- Opt their child out of “surveys, assignments, questionnaires, role-playing activities, recordings of their child, or other student engagements that include questions about ... the child's sexual experiences or attractions.”
- Opt their child out of “instruction on topics associated with sexual activity” (in accordance with current law). Currently, the state of Washington requires sexual education and specifies that, “abstinence may not be taught to the exclusion of other materials and instruction on contraceptives and disease prevention.”
- Repeal amendments to state statute that had “modified school obligations and access to certain student records.”
Of note, in defending the changes to this law made by Democrat-led legislature, the Democrat Senate Majority Leader said: “Parents don’t have a right to have notice, they don’t have a right to have consent about” their child’s health care decisions — like abortion and LGBT affirming mental health services.
Fiscal Impact
There is no official fiscal impact statement; however, minor costs could be incurred from potential administrative changes.
Current Status & Next Steps (including threshold required to become law)
HOW TO TAKE ACTION
- Join the fight by volunteering with Let’s Go Washington!
*A note on “Equal Rights” Amendments: As outlined, three of the above ballot initiatives take the form of Equal Rights Amendments (ERAs) - Ohio, Oregon, and Vermont. Though they vary in language, they appear to be modeled after the Equality Act introduced in Congress, which has wide-ranging and dangerous ramifications, including allowing abortion up to birth, same-sex marriage, and requiring transgender affirming “care” for minors, among other things. Also of note, while Vermont’s ERA language does not explicitly address abortion, the Vermont Constitution already includes language permits abortion to birth. Ohio’s Constitution likewise already has a “right” to abortion up to the point of viability (as well as fertility treatment) enshrined within; however, the ERA, by stating no law can abridge or deny rights on account of “pregnancy status,” would expand this to allow abortion up to birth for virtually any reason (e.g. even if the “status” of the pregnancy is 37, 38, 39 weeks, one could argue that is not a permissible reason to abridge their “right” to abort).