U.S. Supreme Court Ruling on Trans Sports Participation Does Not Address the Invasive Genital Exams in Washington’s Most Extreme in the Nation Ballot Measure, IL26-638

No Hate in Washington State Campaign Manager Libby Watson gave the following statement on the Supreme Court rulings in Little v. Hecox and West Virginia v. B.P.J. 

“Washington’s blanket sports ban is the most extreme proposal of its kind in the country. Unlike the cases considered before court today, it will require girls who wish to participate in sports to prove their sex through invasive genital examinations. Its impacts will not just be felt by trans girls, but by every girl in our state who wants to participate in K-12 athletics. Men like Brian Heywood have no business forcing themselves into girls’ exam rooms. Medical decisions need to be made by patients, parents, and doctors, not by MAGA mega-millionaires.”

KUOW and the Seattle Times have both reported on how IL-638 would replace Washington’s current policy that has been working successfully since 2007 with a requirement that every girl who wishes to participate in sports would have to undergo medical sex verification, including genital exams.

“Student athletes in Washington state schools who want to compete in girls' sports would likely have to obtain genital exams to participate, if a controversial ballot initiative passes in November.” - KUOW 6/4/2026

“These tests can include blood tests, examination of a child’s genitals or genetic analysis. Some athletics governing bodies already have mandated tests, which have shown limits in reliability.” - Seattle Times 3/5/2026

The measures from West Virginia and Idaho that the Supreme Court ruled on today do not have similar provisions in them. Other states have avoided genital exams in their bans, typically by using birth certificates to determine eligibility. Notably, the state of Ohio amended its trans sports ban in 2022 to remove language around medical sex verification and replaced it with verification via birth certificates.