Legal, Medical Experts Provide Factual Information on Heywood Initiatives IL26-001, IL26-638

A mega-millionaire from California, Brian Heywood, is spending millions on two poorly written initiatives that threaten the safety of all Washington kids. IL26-001 and IL26-638 endanger Washington students with invasive genital exams, forced LGBTQ+ outings, and restricted access to help when they need it most, exposing them to more hate, bullying, and harassment. 

Experts in their fields provided a briefing on Monday February 2 for reporters about:

  • Harmful impacts on student health and safety of IL26-001, such as sharing student information with adults who are under criminal investigation for abusing their own children

  • Likely unconstitutionality of IL26-638 in Washington State

  • Physical and psychological harms from requiring medical sex verification on minor girls as required by IL26-638

Kai Smith, Litigation Partner at Pacifica Law Group, explained that IL26-638’s provision requiring doctors to medical certify girls’ sex 

 “..relying only on one or more of the following: The student's reproductive anatomy, genetic makeup, or normal endogenously produced testosterone levels” (IL26-628 Section 3)

is likely unconstitutional under Washington State’s constitution because it violates both Washingtonians’ rights to privacy and rights to equal protection. 

Twenty year school nurse Katie Johnson ( DNP, RN, NCSN-E, PHNA-BC, FNASN, FAAN)

“As a nurse and expert on student health, it’s clear to me IL26-638 will cause more harm to the very girls the initiatives’ backers claim to protect. Only a handful of trangender girls play afterschool sports in Washington, yet IL26-638 will subject thousands of girls each year to invasive and medically unnecessary genital exams to certify their sex just so they can join their friends on an after school team. Under IL26-638, birth certificates would not be accepted as sufficient proof and this poorly written initiative even applies to elementary school girls.” 

Sami Alloy, co-chair of No Hate in WA State:

“Most disturbing about IL26-001 is the language around what records parents who are either under investigation or charged with crimes of abuse against their own children can access. IL26-001 removes protections that currently prevent parents under criminal investigation for abuse or neglect from accessing their kids’ disciplinary, social work, or counseling records. A parent charged with any crime against their own child could access any of these records:  health care, disciplinary, social work, or counseling records.”

Danni Askini, co-chair of No Hate in WA State:

“While Heywood likes to bully trans kids, it’s not just those kids who will be affected by these initiatives. These initiatives could impact any girl playing sports, kids who need to report abuse or neglect in the home, and all parents and students who think curriculums should be determined by educators, and not by extremist groups.”

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About No Hate for Washington State

No Hate in Washington State, formerly named Washington Families for Freedom, is a group of parents, teachers, students and community members standing together for every student’s right to safety. We are fighting against two harmful 2026 ballot initiatives that would increase students’ exposure to potential abuse. These measures, pushed by a mega-millionaire, would take away protections for all students. Top 5 Contributors: SEIU 775 Ballot Fund, ACLU of Washington, Washington Education Association, Gender Justice League, Pro-Choice Washington


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Statement on Heywood Initiative & Trump Administration Political Assault on Washington Schools & Students