I-638: What happens next?
Last Updated November 10th, 2026
The passage of I-638 is deeply disappointing, but our commitment to protecting transgender kids and advancing equality in Washington has not changed. We know many students, families, educators, and supporters have questions about what happens next and how this measure will affect their communities. Although there are still many unknowns, we are working with our partners to understand the implications of I-638, explore potential legal challenges, and support those impacted. Below are answers to some of the questions we are hearing most often. We will continue updating this information as we learn more.
Why did I-638 pass?
I-638 was part of a years-long, multibillion-dollar effort by MAGA-aligned conservative interests to target transgender kids for political gain. We believe conservatives deliberately set out to confuse and mislead Washington voters, spending significant resources promoting fear and misinformation rather than ensuring voters had the facts.
I-638 overturns nearly 20 years of Washington school sports policies that have allowed transgender students to participate alongside their peers. These policies have worked well for years, and there was no widespread problem that required such a sweeping change. Rather than addressing a real issue facing Washington students, supporters manufactured a controversy and used it to divide our communities. We believe that strategy had a significant impact on the election's outcome.
While the results are deeply disappointing, voters in Washington and across the country also rejected candidates who made restrictions on transgender participation in sports a centerpiece of their campaigns. This setback does not change our commitment to protecting transgender youth and advancing equality in Washington. We will continue supporting impacted students and families, strengthening our coalition, and working to protect the rights of all Washingtonians.
What happens now?
The No Hate in WA State leadership team and our broad coalition of more than 400 endorsing organizations—including Tribal Nations, local governments, community and advocacy organizations, and leaders from across Washington—remain united, committed, and resolute in protecting transgender kids and advancing transgender rights in our state.
Our immediate focus is on protecting kids and supporting the students, families, educators, and communities impacted by I-638. We are working closely with community organizers and coalition, elected officials, government agencies, and legal experts to understand how the measure will be implemented, explore potential legal challenges, ensure families have access to accurate information and resources, and support transgender youth who may face increased discrimination, bullying, or harassment.
At the same time, we are focused on building the long-term power needed to defeat these and similar attacks in the future. That means strengthening the movement beyond this campaign, expanding our reach across Washington, investing in relationships and organizing, and ensuring we are prepared for the fights ahead. The campaign may be ending, but our work is not. We will continue standing together to protect our kids, defend our communities, and advance equality for all Washingtonians.
Can the Legislature overturn I-638?
Under Washington's Constitution, the Legislature cannot repeal a voter-approved initiative during its first two years. It can amend an initiative during that period, but only with a two-thirds vote in both the state House and Senate.
Despite significant victories in legislative races this election, there won’t be a progressive two-thirds majority in the state Senate. Any legislative amendments during the first two years would require bipartisan support.
After two years, the Legislature can amend or repeal the measure through the regular legislative process, generally requiring a simple majority in both chambers.
Has a lawsuit been filed to challenge I-638?
Yes. On November 9, 2026, TransFamilies, the Washington Education Association, and parents of both transgender and cisgender girls filed a lawsuit in King County Superior Court challenging I-638. The plaintiffs are represented by the ACLU of Washington, Legal Voice, and Pacifica Law Group.
The lawsuit argues that I-638 violates Washington's constitutional privacy protections and state anti-discrimination laws. It challenges both the exclusion of transgender girls from school sports and the medical sex-verification requirements imposed on girls but not boys.
The lawsuit is being led by the plaintiffs and their legal counsel, not the No Hate in WA State campaign. Because the case was filed in Washington state court, it could ultimately reach the Washington State Supreme Court.
Could the lawsuit stop I-638 from taking effect?
Yes. The lawsuit seeks to prevent I-638 from taking effect on December 3, 2026, while the legal challenge proceeds.
A court could issue an injunction temporarily blocking some or all of the measure. However, filing a lawsuit does not automatically suspend the law. Unless a court intervenes, I-638 is scheduled to take effect on December 3.
We will continue monitoring the case and sharing updates as they become available.
What does the lawsuit mean for girls and transgender girls currently playing school sports?
The lawsuit challenges restrictions affecting transgender girls' eligibility to participate in school sports, as well as the new medical verification requirements affecting girls more broadly.
For now, the filing does not change existing school sports policies or eligibility requirements. Unless a court issues an order blocking implementation, I-638 is scheduled to take effect December 3.
We know families have urgent questions about participation, privacy, medical verification, and upcoming athletic seasons. We are continuing to work with education and community partners to understand what implementation could mean for students and will share additional information as it becomes available.
What happens next in the legal case?
The plaintiffs are asking the court to block I-638 before its scheduled December 3 effective date. The court will need to consider that request, and additional proceedings could follow.
There is no guarantee of a particular outcome, and the litigation could continue beyond December 3. We will share significant developments and updates from the legal team as they become available.
When does I-638 take effect?
I-638 is scheduled to take effect on December 3, 2026. Any court orders issued before or after that date could affect implementation.
How will I-638 affect me or my child?
We know families and students have urgent questions about what this means for participation in school sports, medical verification requirements, student privacy, and the upcoming athletic seasons.
We are working with the Office of Superintendent of Public Instruction, school districts, the Washington Education Association, and other partners to better understand implementation and will share information as it becomes available.
Families should not have to navigate these changes alone. We encourage parents and students to seek clarification from their schools and school districts while statewide guidance is being developed.
What does this mean for girls who are currently playing school sports?
I-638 establishes new restrictions and medical verification requirements for girls participating in school sports. While transgender girls will be most directly impacted by the restrictions on eligibility, the new verification requirements affect all girls who want to participate in school athletics.
We are working with education and community partners to understand how these changes will be implemented, including what they mean for students currently participating in athletics and those whose seasons are already underway. We will share additional guidance as it becomes available.
To every girl who loves playing sports, and especially to transgender girls whose opportunities are being threatened: You belong. You deserve to play, to be part of a team, and to participate in school sports without fear, discrimination, or unnecessary barriers. We will continue standing with you and fighting to protect every student's dignity, privacy, and opportunity to participate.
What can I do to help?
Our transgender community, especially transgender kids who may be facing increased bullying, harassment, or isolation, needs support, love, and encouragement.
Reach out to transgender friends, family members, students, and neighbors. Let them know they are valued and supported. Speak up when you witness bullying or discrimination, and help connect people with trusted community organizations.
We also encourage people to volunteer with or contribute to transgender-led and community organizations that were active in the campaign:
What if I or someone I know needs support?
If you or someone you care about is struggling, confidential support is available.
988 Suicide & Crisis Lifeline: Call or text 988 for free, confidential crisis support, available 24 hours a day.
The Trevor Project: LGBTQ+ young people can call 1-866-488-7386 or text START to 678-678 to connect with a trained crisis counselor.
Trans Lifeline: Call 877-565-8860 for peer support from transgender people.
You can also reach out to the community organizations listed above for connections to local resources and support.
What happens to the No Hate in WA State coalition now?
Although No Hate in WA State is wrapping up, our shared work is far from over. The coalition that came together remains united and resolute in our commitment to protecting transgender kids and expanding transgender rights in Washington. We will continue supporting impacted communities and building the relationships and resources needed for the fights ahead.
We are grateful to the thousands of Washingtonians who stood with us throughout this campaign, and we hope you will continue standing with us.