The short version

Claim we investigated

Olympia and the courts can just reverse I-638.

Misleading. Both can act, but repeal is barred until late 2028, amending needs two-thirds, and no lawsuit is filed. Washington's constitution bars lawmakers from repealing a voter-approved law for two years and requires two-thirds to amend it. Democrats lack that in the Senate, and the main federal challenge failed in June.

Quote or cite this fact-check
FactHub rates the claim “Olympia and the courts can just reverse I-638” Misleading (moderate confidence): Both can act, but repeal is barred until late 2028, amending needs two-thirds, and no lawsuit is filed. Reviewed November 5, 2026. https://facthub.org/n/article/wa-i638-can-it-be-reversed/2

Key points

What the evidence establishes

  • Established. Until about late 2028, lawmakers can't repeal I-638, and changing it takes two-thirds of each chamber: 66 House and 33 Senate votes.
  • Established. Democrats lead in 67 of 98 House races but are set for about 31 of 49 Senate seats, two short of two-thirds.
  • Established. In June, the U.S. Supreme Court ruled that states may limit girls' teams to biological females.
  • Established. From 2029, a simple majority can amend or repeal I-638, and lawmakers can send a repeal to voters at any time.
  • Established. Washington's Supreme Court has voided voter-approved measures before, including the car-tab limit in 2020 and the natural gas measure in 2026.
  • Context. No lawsuit had been filed as of November 5; I-638 takes effect December 3, and schools must change their rules.
Important context: I-638 was an initiative to the Legislature: lawmakers declined to act on it in 2026, so it went to voters, who approved it with about 57% in unofficial returns. It takes effect December 3, 2026. This article checks what the Legislature, the courts and schools can do to change or undo it. It does not predict what any of them will do or weigh the merits of any legal challenge.

The evidence

The conclusion rests on the combined record. Expand each item to see its role and limitations.

Independence note: This check uses 7 methods across 10 institutions and 1 country or international grouping.
Evidence map
Method Institution / country Year(s) What it shows Key limitation Primary links
We read the current text of Article II, Section 1 of Washington's constitution, an Attorney General's opinion on it, and the House staff summary of I-638. Washington State Legislature, Washington Attorney General, Washington House Office of Program Research United States 1952, 1988, 2026 For two years after voters approve a law, the Legislature may not repeal it. It may amend it only with two-thirds of all members elected to each chamber: 66 of 98 representatives and 33 of 49 senators. The Attorney General reads the rule the same way. I-638 takes effect December 3, 2026, so the protection runs until about late 2028, through the 2027 and 2028 sessions. The rule applies to any law voters approve by a majority, however large the margin. I-638 started as an initiative to the Legislature, but lawmakers did not act on it, so it went to voters, and their approval brings it under the rule. No court has said whether the two years count from the election or from the effective date. Either way, the 2029 session is the first that can act by simple majority. The Attorney General's opinion is advice, not a ruling, and a 1957 court decision treated even a sweeping rewrite as an amendment, so the line between amending and repealing is not sharp. Washington State Legislature Washington Attorney General Washington House Office of Program Research
We counted the party preference of the leading candidate in every legislative race in the Secretary of State's results feed, and added the 25 senators not on the 2026 ballot from the Legislature's member roster. Washington Secretary of State United States 2026 Candidates who prefer the Democratic Party lead in 67 of 98 House races, one more than two-thirds. In the Senate they lead 18 of the 24 races on the ballot; with 13 Democrats not up this year, that makes about 31 of 49 senators. Amending I-638 before 2029 would therefore need every Senate Democrat plus at least two Republicans. I-638 itself led with 56.8% of the vote. Results are unofficial until counties certify on November 24 and the state by December 3. One House race that gives Democrats their 67th seat was within 669 votes, and the one Senate seat Democrats gained was within 800. Party preference does not guarantee how a member would vote on I-638. Washington Secretary of State
We read the session laws, vote certificates and bill reports for changes lawmakers made to recent initiatives within two years, and for the 2025 rewrite of the parents' rights initiative. Washington State Legislature, Washington State Standard United States 2019, 2024, 2025, 2026 Changes inside the two years usually pass with large bipartisan votes. In 2019, lawmakers rewrote parts of the police use-of-force initiative, I-940, two months after it took effect, 98-0 and 47-0, in a deal its backers had agreed to. The same year, two bills amended the gun initiative I-1639 with only 56 House votes and 30 Senate votes. The parents' rights initiative rewritten in 2025 is a different case: lawmakers had passed it themselves in 2024, so voters never approved it and the two-year rule never applied. We found no court case challenging the 2019 gun bills under the two-year rule, but we searched news and the web, not court dockets. Those bills added to the initiative rather than weakening it, and a challenge to a change that weakened I-638 would be more likely. This is a sample of recent cases, not a full history. Washington House of Representatives Washington State Legislature Washington State Legislature Washington State Legislature Washington State Standard
We read the constitution's referendum provisions and two Attorney General opinions on what lawmakers may do within two years. Washington Attorney General, Washington State Legislature United States 1973, 1988 Lawmakers have three routes that skip the two-thirds rule. A new law can add to I-638, such as paying for verification exams, if it leaves the initiative's essential purpose and effect unchanged. A simple majority can send an amendment or repeal to voters at any time, with no governor's veto. And from 2029, a simple majority can amend or repeal it outright. Voters can also change it at any election through their own initiative. The Attorney General's opinions are advice; a court decides where adding ends and amending begins. Any measure sent to voters takes effect only if voters approve it, and the next general election is November 2027. We found no case of lawmakers sending a repeal of a new voter-approved initiative back to voters. Washington Attorney General Washington Attorney General Washington State Legislature
We read the Supreme Court's June 30, 2026 opinion in West Virginia v. B. P. J. and its 1983 rule on reviewing state court decisions. Supreme Court of the United States United States 1983, 2026 The Court held that states may limit girls' and women's teams to biological females, which closes the main federal challenge to I-638's team rule. The ruling does not address how sex is verified. Washington courts could still rule under the state constitution, and the U.S. Supreme Court will not review a state ruling that rests clearly on state grounds. So a state ruling against I-638 would be final, and federal courts could not restore it. The Court reviewed West Virginia and Idaho laws, not I-638. It left open whether federal law requires schools to keep transgender girls off girls' teams, a question now in lower courts. Supreme Court of the United States Supreme Court of the United States (Library of Congress copy)
We read the state Supreme Court's opinions on three recent initiatives and I-638's own severability section. Washington Supreme Court, Washington Secretary of State United States 2012, 2020, 2026 The court voided the car-tab measure, I-976, in 2020 and the natural gas measure, I-2066, in 2026, both for combining more than one subject. It upheld the 2011 liquor measure, I-1183, against the same kind of challenge. I-638 also says that if a court strikes one part, the rest stays in force. No court has ruled on I-638, and no lawsuit had been filed as of November 5. Three cases show the court acts both ways; they do not give odds for I-638, which is narrower than the measures it voided. Our check for lawsuits relied on news reports and statements, not a search of every court docket. Washington Supreme Court Washington Supreme Court Washington Supreme Court (Caselaw Access Project copy) Washington Secretary of State
We read I-638's text, the WIAA Handbook, the state schools office's athletics rule, and written statements from the WIAA and the schools office. Washington Interscholastic Activities Association, Office of Superintendent of Public Instruction, The Center Square United States 2026 I-638 says district and WIAA rules must bar biologically male students from girls-only teams, so districts cannot opt out. The WIAA says its changes will be in place by December 3, and it can expel member schools that break its rules. Districts and the WIAA decide the details, such as how the provider's form is handled, and they must give a student notice and a chance to contest a decision. Boys' and mixed teams stay open to everyone. The current WIAA gender identity rule and a state schools office rule (WAC 392-190-025) still protect participation by gender identity, and neither had been revised by November 5. The schools office says it has no formal role in carrying out I-638. How the form will work is still under legal review at the WIAA. Washington Secretary of State The Center Square Washington Interscholastic Activities Association (WIAA) Washington State Legislature (Office of the Code Reviser)
1. The constitution protects a voter-approved law for two years We read the current text of Article II, Section 1 of Washington's constitution, an Attorney General's opinion on it, and the House staff summary of I-638.

For two years after voters approve a law, the Legislature may not repeal it. It may amend it only with two-thirds of all members elected to each chamber: 66 of 98 representatives and 33 of 49 senators. The Attorney General reads the rule the same way. I-638 takes effect December 3, 2026, so the protection runs until about late 2028, through the 2027 and 2028 sessions. The rule applies to any law voters approve by a majority, however large the margin. I-638 started as an initiative to the Legislature, but lawmakers did not act on it, so it went to voters, and their approval brings it under the rule.

Limit: No court has said whether the two years count from the election or from the effective date. Either way, the 2029 session is the first that can act by simple majority. The Attorney General's opinion is advice, not a ruling, and a 1957 court decision treated even a sweeping rewrite as an amendment, so the line between amending and repealing is not sharp.

Verify: Washington State Constitution, Article II, Section 1, and Article XXIII AGO 1988 No. 25: Authority of the Legislature to amend initiatives Summary of Initiative 26-638

2. Democrats are short of two-thirds in the Senate We counted the party preference of the leading candidate in every legislative race in the Secretary of State's results feed, and added the 25 senators not on the 2026 ballot from the Legislature's member roster.

Candidates who prefer the Democratic Party lead in 67 of 98 House races, one more than two-thirds. In the Senate they lead 18 of the 24 races on the ballot; with 13 Democrats not up this year, that makes about 31 of 49 senators. Amending I-638 before 2029 would therefore need every Senate Democrat plus at least two Republicans. I-638 itself led with 56.8% of the vote.

Limit: Results are unofficial until counties certify on November 24 and the state by December 3. One House race that gives Democrats their 67th seat was within 669 votes, and the one Senate seat Democrats gained was within 800. Party preference does not guarantee how a member would vote on I-638.

Verify: November 3, 2026 General Election Results (unofficial)

3. How lawmakers have changed recent initiatives We read the session laws, vote certificates and bill reports for changes lawmakers made to recent initiatives within two years, and for the 2025 rewrite of the parents' rights initiative.

Changes inside the two years usually pass with large bipartisan votes. In 2019, lawmakers rewrote parts of the police use-of-force initiative, I-940, two months after it took effect, 98-0 and 47-0, in a deal its backers had agreed to. The same year, two bills amended the gun initiative I-1639 with only 56 House votes and 30 Senate votes. The parents' rights initiative rewritten in 2025 is a different case: lawmakers had passed it themselves in 2024, so voters never approved it and the two-year rule never applied.

Limit: We found no court case challenging the 2019 gun bills under the two-year rule, but we searched news and the web, not court dockets. Those bills added to the initiative rather than weakening it, and a challenge to a change that weakened I-638 would be more likely. This is a sample of recent cases, not a full history.

Verify: Final Bill Report, Substitute House Bill 1064 (2019) Substitute House Bill 1739, Chapter 243, Laws of 2019 Engrossed Substitute House Bill 1296, Chapter 369, Laws of 2025 RCW 28A.605.005, history note WA Democrats won't hold hearings on parental rights, trans athlete initiatives

4. Other routes for lawmakers and voters We read the constitution's referendum provisions and two Attorney General opinions on what lawmakers may do within two years.

Lawmakers have three routes that skip the two-thirds rule. A new law can add to I-638, such as paying for verification exams, if it leaves the initiative's essential purpose and effect unchanged. A simple majority can send an amendment or repeal to voters at any time, with no governor's veto. And from 2029, a simple majority can amend or repeal it outright. Voters can also change it at any election through their own initiative.

Limit: The Attorney General's opinions are advice; a court decides where adding ends and amending begins. Any measure sent to voters takes effect only if voters approve it, and the next general election is November 2027. We found no case of lawmakers sending a repeal of a new voter-approved initiative back to voters.

Verify: AGO 1988 No. 25: Authority of the Legislature to amend initiatives AGLO 1973 No. 14: Amending a voter-approved measure through a referendum bill Washington State Constitution, Article II, Section 1, and Article XXIII

5. The U.S. Supreme Court upheld laws like I-638 in June We read the Supreme Court's June 30, 2026 opinion in West Virginia v. B. P. J. and its 1983 rule on reviewing state court decisions.

The Court held that states may limit girls' and women's teams to biological females, which closes the main federal challenge to I-638's team rule. The ruling does not address how sex is verified. Washington courts could still rule under the state constitution, and the U.S. Supreme Court will not review a state ruling that rests clearly on state grounds. So a state ruling against I-638 would be final, and federal courts could not restore it.

Limit: The Court reviewed West Virginia and Idaho laws, not I-638. It left open whether federal law requires schools to keep transgender girls off girls' teams, a question now in lower courts.

Verify: West Virginia v. B. P. J. (decided June 30, 2026), slip opinion Michigan v. Long, 463 U.S. 1032 (1983)

6. Washington's Supreme Court has voided and upheld initiatives We read the state Supreme Court's opinions on three recent initiatives and I-638's own severability section.

The court voided the car-tab measure, I-976, in 2020 and the natural gas measure, I-2066, in 2026, both for combining more than one subject. It upheld the 2011 liquor measure, I-1183, against the same kind of challenge. I-638 also says that if a court strikes one part, the rest stays in force. No court has ruled on I-638, and no lawsuit had been filed as of November 5.

Limit: Three cases show the court acts both ways; they do not give odds for I-638, which is narrower than the measures it voided. Our check for lawsuits relied on news reports and statements, not a search of every court docket.

Verify: Climate Solutions v. State, No. 104240-0 (Sept. 17, 2026) Garfield County Transportation Authority v. State, No. 98320-8 (Oct. 15, 2020) Washington Ass'n for Substance Abuse & Violence Prevention v. State, 174 Wn.2d 642 (2012) Initiative Measure No. IL26-638, final text

7. Schools must comply but decide the details We read I-638's text, the WIAA Handbook, the state schools office's athletics rule, and written statements from the WIAA and the schools office.

I-638 says district and WIAA rules must bar biologically male students from girls-only teams, so districts cannot opt out. The WIAA says its changes will be in place by December 3, and it can expel member schools that break its rules. Districts and the WIAA decide the details, such as how the provider's form is handled, and they must give a student notice and a chance to contest a decision. Boys' and mixed teams stay open to everyone.

Limit: The current WIAA gender identity rule and a state schools office rule (WAC 392-190-025) still protect participation by gender identity, and neither had been revised by November 5. The schools office says it has no formal role in carrying out I-638. How the form will work is still under legal review at the WIAA.

Verify: Initiative Measure No. IL26-638, final text I-638 reactions from the Democratic Party, OSPI and the WIAA (Nov. 5, 2026) WIAA Handbook 2026-27 WAC 392-190-025, Recreational and athletic activities

Common questions 9

“Lawmakers have changed a voter-approved initiative within two years without a two-thirds vote.”

Short answer: Yes, in 2019

In 2019, lawmakers amended the voter-approved gun initiative I-1639 within months, with only 56 of 98 House votes. Two bills did so, and we found no court case challenging them. Both added to the initiative rather than weakening it. The constitution's text requires two-thirds, so a change that weakened I-638 would likely be challenged.

See the evidence: How lawmakers have changed recent initiatives

“If Washington's Supreme Court strikes down I-638, the U.S. Supreme Court can restore it.”

Short answer: Not on state-law grounds

A Washington ruling based on the state's own constitution would be final, because the U.S. Supreme Court won't review a decision that rests clearly on state grounds. Its June ruling says states may limit girls' teams, not that they must. Whether federal law requires that is a question the Court left open.

See the evidence: The U.S. Supreme Court upheld laws like I-638 in June

“Democrats rewrote the 2024 parents' rights initiative by majority vote, so they can do the same to I-638.”

Short answer: Different rule applies

Lawmakers passed the parents' rights initiative themselves in 2024, so voters never approved it and the two-year rule never applied. The 2025 rewrite passed 59-39 and 30-19, short of two-thirds. I-638 went to voters because legislative leaders declined to act on it, and voters approved it, so the rule applies.

See the evidence: How lawmakers have changed recent initiatives

“Courts struck down the car-tab and natural gas initiatives, so I-638 will go the same way.”

Short answer: Not necessarily

The state Supreme Court voided both because each combined more than one subject, a rule about how a measure is written. I-638 is narrower. The court has also upheld initiatives under the same rule, such as the 2011 liquor measure. No court has ruled on I-638.

See the evidence: Washington's Supreme Court has voided and upheld initiatives

Deeper analysis: Washington's Supreme Court voided voter-approved I-2066 for combining four subjects. — Voters approved I-2066 with 51.7% in 2024; the state Supreme Court voided it 6-3 in September 2026 for bundling four subjects.

“Democrats are already suing to overturn I-638.”

Short answer: No suit filed yet

We found no lawsuit filed as of November 5. The state Democratic Party chair said the party considers I-638 unconstitutional and supports "organizations planning to challenge it in court." Opponents have also posted that they will fight it. A suit could still come before or after December 3.

“Voters could repeal I-638 before lawmakers can.”

Short answer: Yes, at any election

The constitution lets voters amend or repeal a voter-approved law at any election, through their own initiative or a measure lawmakers refer to them. A simple majority of lawmakers can refer one, and the governor can't veto it. The next general election is November 2027.

See the evidence: Other routes for lawmakers and voters

“Lawmakers need two-thirds to pay for verification exams or protect the form's privacy.”

Short answer: Probably not

The Attorney General has said lawmakers can pass a new law on the same subject without two-thirds if it leaves the initiative's essential purpose and effect unchanged. Paying for exams adds to I-638 rather than changing it. Accepting birth certificates or exempting middle schools would change its text and need two-thirds.

See the evidence: Other routes for lawmakers and voters

Related claim: Under I-638, a birth certificate alone can't prove a girl's sex for sports. — I-638 requires a provider's signed statement of a girl's sex, so a birth certificate alone can't serve as proof.

“Washington's school sports rules still let transgender girls play on girls' teams.”

Short answer: Until December 3

The WIAA's gender identity rule and a state schools office rule still protect participation by gender identity. I-638 takes effect December 3 and requires district and WIAA rules to bar biologically male students from girls-only teams. The WIAA says its changes will be ready by then; the schools office says it has no formal role.

See the evidence: Schools must comply but decide the details

Related claim: Washington's rules let transgender girls compete in girls' school sports. — Until I-638 takes effect, WIAA and state rules let transgender girls compete in girls' school sports.

“If courts strike I-638 down, supporters can put it in the state constitution by initiative.”

Short answer: No

Initiatives in Washington can only make laws. Amending the constitution takes two-thirds of each chamber and then a majority of voters. Supporters could instead file a new initiative written to meet whatever flaw a court found.

Conclusion

The claim treats reversing I-638 as easy. The record shows it is slow and hard, though not impossible.

Lawmakers face the firmest limit. The constitution bars them from repealing a voter-approved law for two years and requires two-thirds of each chamber to amend it. On unofficial results, Democrats will hold about 31 of 49 Senate seats, two short. Changes made inside the two years have usually been negotiated deals with broad support, like the 2019 police use-of-force fix. The 2019 gun bills show a majority has changed an initiative without two-thirds when no one sued, but those bills added to the law rather than weakening it.

Lawmakers do have routes around the two-thirds rule. They can pass laws that add to I-638 without changing its purpose, refer a repeal to voters, or wait until 2029. Each route either leaves the core of I-638 in place or puts the decision back with voters.

The courts are the less certain path. The U.S. Supreme Court's June ruling closes the main federal challenge to the team rule. Washington's Supreme Court has the final word on the state constitution and has voided initiatives before. But those were broad measures struck for combining subjects, and the court has upheld others. No suit has been filed, and I-638's severability clause means a ruling against one part would leave the rest.

Schools cannot opt out. They decide how the rules are carried out, within the law.

We rate the claim Misleading with moderate confidence. The legal rules are clear, but no one can know how a future lawsuit will turn out.

How we checked
  1. Defined the claim as it circulates on X after the November 3 election: that the Legislature and courts can simply reverse I-638. We checked what each can do under current law, plus what schools and voters can do.
  2. Read the constitution's text on initiatives, referendums and amendments, and two Attorney General opinions on it.
  3. Counted the 2027 House and Senate from the Secretary of State's unofficial results feed as of 7:50 p.m. Pacific on November 5, plus the Legislature's roster for senators not on the ballot.
  4. Read the session laws, vote certificates and bill reports for recent changes to initiatives, and the opinions in recent court cases on initiatives.
  5. Read I-638's text, the WIAA Handbook, the state schools office's athletics rule, and officials' written statements.
  6. Searched news reports and statements for any lawsuit filed against I-638. We did not search every court docket, and we did not assess the merits of possible legal challenges.

Editorial note: Scope: this article explains what the Legislature, the courts, schools and voters can do about I-638 under current law, as of November 5, 2026. It does not predict what they will do, rate any legal theory, or take a position on I-638. Seat counts and vote totals are unofficial and will be updated after certification if they change the finding.

Expert-review status

No external specialist review has been recorded.

Funding and conflicts

Funding: No external funding for this piece.

Ownership: Published by the FactHub Research Team.

Conflicts: None known.

Sources 21

Sources are labeled by kind, with what this fact check takes from each, so readers can check the evidence independently.

  1. Government Washington State Legislature. Washington State Constitution, Article II, Section 1, and Article XXIII

    The full current text of Washington's constitution, published by the Legislature.

    Reliability: The Legislature publishes the constitution's official text. The two-year rule in Article II, Section 1(c) also appears as Article II, Section 41, which the 1952 Amendment 26 added.

    • Contradicts: For two years after voters approve a law, the Legislature may not repeal it, and may amend it only with two-thirds of all members elected to each house.

      What the source says
      No act, law, or bill approved by a majority of the electors voting thereon shall be amended or repealed by the legislature within a period of two years following such enactment:…That any such act, law, or bill may be amended within two years after such enactment at any regular or special session of the legislature by a vote of two-thirds of all the members elected to each house
      Article II, Section 1(c)

    • Qualifies: A voter-approved measure takes effect 30 days after the election, which for I-638 is December 3, 2026.

      What the source says
      Such measure shall be in operation on and after the thirtieth day after the election at which it is approved.
      Article II, Section 1(d)

    • Voters can amend or repeal a voter-approved law at any election, with no two-year wait.

      What the source says
      But such enactment may be amended or repealed at any general regular or special election by direct vote of the people thereon.
      Article II, Section 1(c)

    • The Legislature can send a law to voters the way it passes other bills, by majority vote, and the governor cannot veto a measure referred to voters.

      What the source says
      either by petition signed by the required percentage of the legal voters, or by the legislature as other bills are enacted:…The veto power of the governor shall not extend to measures initiated by or referred to the people.
      Article II, Section 1(b) and 1(d)

    • Qualifies: Amending the state constitution takes two-thirds of each house and then a majority of voters.

      What the source says
      if the same shall be agreed to by two-thirds of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals
      Article XXIII, Section 1
  2. Government Washington Attorney General. AGO 1988 No. 25: Authority of the Legislature to amend initiatives

    A formal Attorney General's opinion, issued October 31, 1988, on what the Legislature may do to an initiative within two years.

    Reliability: Attorney General opinions are official legal advice to state officials. Courts give them weight but are not bound by them. This one predates I-638 by decades.

    • Contradicts: The Attorney General reads the constitution to bar repeal within two years and to allow amendment only with two-thirds of both houses.

      What the source says
      the Legislature shall not "repeal" any initiative within two years of the initiative's passage. At the same time, however, it permits amendments to an initiative within…two years so long as the amendments receive a two-thirds vote by both houses of the Legislature.
      Answer to question 2

    • A new law on the same subject that leaves the initiative's essential purpose and effect unchanged is not an amendment, so the two-thirds rule doesn't apply to it.

      What the source says
      Thus, the Legislature may validly enact new legislation that deals with the same general subject matter as a…prior initiative so long as the essential purpose and effect of the prior initiative is not altered.
      Analysis of question 1
  3. Government Washington Attorney General. AGLO 1973 No. 14: Amending a voter-approved measure through a referendum bill

    A 1973 Attorney General's letter opinion on amending the voter-approved Shoreline Management Act within two years.

    Reliability: An informal letter opinion, which carries less weight than a formal opinion. It addresses the general rule, not I-638.

    • Less than two-thirds of the Legislature can amend or even repeal a voter-approved measure by sending a referendum bill to voters.

      What the source says
      it would be possible for this or any other measure approved by the voters at the November 7, 1972, general election to be amended (or even repealed) by the affirmative action of less than a two-thirds majority of the members of each house of the legislature approving a referendum bill submitted to the voters
      Analysis
  4. Government Washington House Office of Program Research. Summary of Initiative 26-638

    Nonpartisan House staff's summary of I-638, prepared for the 2026 ballot.

    Reliability: Nonpartisan legislative staff wrote it for House members. It describes the measure and takes no side.

    • Qualifies: The Legislature did not act on I-638 in its 2026 session, which is why it went to voters.

      What the source says
      The Legislature did not act on Initiative 26-638 during its 2026 Regular Session.
      Background, p. 1

    • Qualifies: I-638 takes effect 30 days after the election.

      What the source says
      The initiative takes effect 30 days after the election at which it is approved.
      Effective Date
  5. Government Washington Secretary of State. Initiative Measure No. IL26-638, final text

    The full text of I-638 as filed with the Secretary of State.

    Reliability: The official measure text. Let's Go Washington sponsored it; the Secretary of State publishes the filed text.

    • Contradicts: School district and WIAA rules must bar biologically male students from girls-only teams; the measure gives districts no option to opt out.

      What the source says
      must prohibit biologically male students from competing with and against female students in athletic activities with separate classifications for male and female students
      Sec. 3(1)

    • Qualifies: Before a student is finally turned away, the rules must give notice of the reasons and a fair chance to contest them.

      What the source says
      provide for notice of the reasons and a fair opportunity to contest such reasons prior to a final determination to reject a student's request to participate in or to continue in an interschool activity.
      Sec. 2(3)

    • Qualifies: If a court strikes one part of I-638, the rest stays in force.

      What the source says
      If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
      Sec. 6
  6. Government Washington Secretary of State. November 3, 2026 General Election Results (unofficial)

    The state's results site, with I-638 and every legislative race. Results were unofficial as of November 5; the state certifies by December 3.

    Reliability: County canvass results reported by the Secretary of State. The figures used here are as of 7:50 p.m. Pacific on November 5, with 36 of 39 counties reporting, and will change slightly as counting ends.

    • Contradicts: I-638 led 1,439,761 Yes to 1,095,210 No (56.8%). Democrats led in 67 of 98 House races and 18 of 24 Senate races; with 13 Democratic holdovers, that makes about 31 of 49 senators.

      What the source says
      Initiative Measure No. IL26-638
      Statewide results: I-638; State Representative and State Senator races
  7. Government Washington State Legislature. Substitute House Bill 1739, Chapter 243, Laws of 2019

    The 2019 law on untraceable and undetectable guns, as signed, with its certified votes.

    Reliability: The enrolled session law, with the chamber clerks' vote certificate. Our search found no court case challenging it under the two-year rule; we did not search court dockets.

    • The bill amended a section of law enacted by voter-approved Initiative 1639, months after that initiative passed in November 2018.

      What the source says
      Sec. 1. RCW 9.41.010 and 2019 c 3 s 16 (Initiative Measure No.…1639) are each amended to read as follows:
      Sec. 1, p. 1

    • It passed 56-40 in the House and 30-18 in the Senate, short of two-thirds in both.

      What the source says
      Passed by the House April 23, 2019 Yeas 56 Nays 40…Passed by the Senate April 16, 2019 Yeas 30 Nays 18
      Certificate of enrollment
  8. Government Washington House of Representatives. Final Bill Report, Substitute House Bill 1064 (2019)

    Nonpartisan staff report on the 2019 law that rewrote parts of the voter-approved police use-of-force initiative, I-940.

    Reliability: Legislative staff report. The changes were negotiated before the 2018 election among the initiative's backers, police groups and legislators.

    • Qualifies: Lawmakers rewrote parts of I-940 about two months after it took effect, with unanimous votes in both chambers.

      What the source says
      November 2018 general election, and it took effect December 6, 2018.…Votes on Final Passage: House 98 0 Senate 47 0
      Background; Votes on Final Passage
  9. Government Washington State Legislature. Engrossed Substitute House Bill 1296, Chapter 369, Laws of 2025

    The 2025 law that rewrote the 2024 parents' rights initiative, I-2081, with its certified votes.

    Reliability: The enrolled session law and vote certificate.

    • Qualifies: The rewrite passed 59-39 in the House and 30-19 in the Senate, short of two-thirds.

      What the source says
      Passed by the House April 24, 2025 Yeas 59 Nays 39
      Certificate of enrollment

    • Qualifies: It amended a section first enacted in 2024 chapter 4.

      What the source says
      Sec. 501. RCW 28A.605.005 and 2024 c 4 s 1 are each amended to
      Sec. 501, p. 19
  10. Government Washington State Legislature. RCW 28A.605.005, history note

    The current law, whose history note names the initiative it came from and the 2025 law that changed it.

    Reliability: The Code Reviser's official compilation of state law.

    • Qualifies: 2024 chapter 4 is Initiative 2081, which the 2025 law amended.

      What the source says
      2025 c 369 s 501 ; 2024 c 4 s 1 (Initiative Measure No. 2081).
      History note
  11. News report Washington State Standard. WA Democrats won't hold hearings on parental rights, trans athlete initiatives

    A January 9, 2026 news report on legislative leaders sending I-638 and the parental rights measure to voters.

    Reliability: A nonprofit statehouse news outlet. It quotes the Senate majority leader directly.

    • Qualifies: Lawmakers, not voters, passed the parents' rights initiative in 2024, and a 2025 law rewrote it.

      What the source says
      That law rewrote a Let’s Go Washington initiative known as the parental “bill of rights” that lawmakers passed in 2024.
      Body

    • Qualifies: Legislative leaders chose to send I-638 to voters rather than pass it.

      What the source says
      “I’m certain that we will not be passing either of those initiatives,” Pedersen said. “They’ll be up to the voters to decide.”
      Body · Sen. Jamie Pedersen, Senate Majority Leader
  12. Government Supreme Court of the United States. West Virginia v. B. P. J. (decided June 30, 2026), slip opinion

    The ruling, decided with Little v. Hecox, on state laws limiting girls' and women's teams to biological females.

    Reliability: The Court ruled 6-3 on equal protection; the dissent agreed the Title IX claim failed. It reviewed West Virginia and Idaho laws, not Washington's, and did not address how sex is verified.

    • Contradicts: States may limit girls' and women's teams to biological females under the U.S. Constitution and Title IX.

      What the source says
      we hold that the States may maintain women's and girls' sports for biological females. They may determine eligibility for women's and girls' sports based on biological sex.
      Opinion of the Court, p. 28

    • Qualifies: The Court did not decide whether schools may let transgender girls play on girls' teams, so it neither requires nor forbids that.

      What the source says
      these cases do not present the distinct question of whether, under Title IX and the Equal Protection Clause, schools may allow biological males who identify as female to participate on girls' and women's sports teams.…Nothing in this opinion is intended to decide that question.
      Opinion of the Court, footnote 1
  13. Government Supreme Court of the United States (Library of Congress copy). Michigan v. Long, 463 U.S. 1032 (1983)

    The ruling that sets when the U.S. Supreme Court will review a state court decision.

    Reliability: The official United States Reports text, hosted by the Library of Congress. It is long-settled doctrine.

    • Contradicts: The U.S. Supreme Court will not review a state court decision that rests clearly on independent state-law grounds.

      What the source says
      If the state court decision indicates clearly and expressly that it is alternatively based on bona fide separate, adequate, and independent grounds, we, of course, will not undertake to review the decision.
      463 U.S. at 1041
  14. Government Washington Supreme Court. Climate Solutions v. State, No. 104240-0 (Sept. 17, 2026)

    The ruling that voided I-2066, the 2024 measure protecting natural gas service.

    Reliability: The court's published opinion. The State defended the measure in court.

    • The court voided all of I-2066 because it combined more than one subject.

      What the source says
      Because the provisions that introduce distinct subjects are not severable, I-2066 is unconstitutional in its entirety.
      Opinion, introduction
  15. Government Washington Supreme Court. Garfield County Transportation Authority v. State, No. 98320-8 (Oct. 15, 2020)

    The ruling that voided I-976, the 2019 car-tab measure.

    Reliability: The court's published opinion.

    • The court voided I-976 because it covered more than one subject and its title misdescribed it.

      What the source says
      Initiative Measure 976 (I-976) contains more than one subject…Accordingly, it is unconstitutional.
      Opinion, introduction
  16. Academic Washington Supreme Court (Caselaw Access Project copy). Washington Ass'n for Substance Abuse & Violence Prevention v. State, 174 Wn.2d 642 (2012)

    The ruling that upheld I-1183, the 2011 liquor privatization measure.

    Reliability: A copy of the official reported opinion from Harvard Law School's Caselaw Access Project.

    • Contradicts: The court upheld I-1183 against a challenge under the same one-subject rule.

      What the source says
      We hold that appellants have not overcome the presumption that the initiative is constitutional, and therefore we affirm summary judgment in favor of the State and intervenors.
      Opinion, ¶1
  17. News report The Center Square. I-638 reactions from the Democratic Party, OSPI and the WIAA (Nov. 5, 2026)

    A November 5, 2026 news report quoting written statements from the state Democratic Party chair, the state schools office and the WIAA.

    Reliability: A news outlet that leans conservative in its commentary. The quotes used here are written statements from the officials named.

    • The state Democratic Party chair called I-638 unconstitutional and said the party backs groups planning to sue.

      What the source says
      we believe this initiative is unconstitutional on its face and support organizations planning to challenge it in court
      Body · Shasti Conrad, chair, Washington State Democratic Party

    • Contradicts: The WIAA, which runs school sports, says its changes will be in place when I-638 takes effect.

      What the source says
      The WIAA office will have all necessary changes in place by December 3, 2026.
      Body · Sean Bessette, WIAA communications director

    • Qualifies: The state schools office says I-638 requires districts to adopt new policies but gives the office no formal role.

      What the source says
      While the initiative requires local school districts to adopt new policy, it did not task OSPI with producing model policy language or having any other formal role in implementation.
      Body · Katy Payne, OSPI chief strategy officer
  18. Other Washington Interscholastic Activities Association (WIAA). WIAA Handbook 2026-27

    The rules of the nonprofit association that runs school sports in Washington, linked from wiaa.com.

    Reliability: The WIAA is the private nonprofit that state law lets school districts use to run interschool sports. These are its rules before I-638 takes effect.

    • Qualifies: Until it changes, WIAA rules let students compete consistent with their gender identity.

      What the source says
      All students have the opportunity to participate in WIAA athletics and/or activities in a manner that is consistent with their gender identity.
      Rule 18.16.0

    • Qualifies: Any mixed team counts as a boys' team, so boys' and mixed teams are open to all students.

      What the source says
      Any team consisting of both boys and girls shall be considered a boys team
      Appendix 2

    • Contradicts: The WIAA can expel a member school that breaks its rules.

      What the source says
      The WIAA Executive Board may expel a Member School if a violation or series of violations occurs.
      Rule 28.5.9
  19. Government Washington State Legislature (Office of the Code Reviser). WAC 392-190-025, Recreational and athletic activities

    The state schools office rule against discrimination in school sports, including by gender identity.

    Reliability: A rule of the Office of Superintendent of Public Instruction (OSPI). "Protected status" includes gender identity under WAC 392-190-008. OSPI had not said by November 5 whether it will revise the rule.

    • Qualifies: A state rule still bars districts from excluding students from school sports based on a protected status, which includes gender identity.

      What the source says
      must not, on the basis of a protected status, exclude any student from participation in, deny any student the benefits of, or otherwise discriminate against any student in any interscholastic, club, or intramural athletics
      Subsection (1)
  20. Party to the dispute Robert Cruickshank on X. Post of November 5, 2026

    A post by an I-638 opponent and political writer, seen about 16,000 times by November 5.

    Reliability: Has a stake in this finding. The author opposes I-638 and links to a newsletter laying out plans to fight it. The post is a statement of intent, not evidence of what will happen.

    • Opponents say they will work to overturn I-638.

      What the source says
      We'll do the same with I-638. It's an unconstitutional initiative that should be vehemently opposed and never implemented.
      Post text
  21. Party to the dispute Brandi Kruse on X. Post of November 4, 2026

    A post by an I-638 supporter and commentator, seen about 29,000 times by November 5.

    Reliability: Has a stake in this finding. The author supports I-638. The post reports what others say they plan; it is not evidence of a filed measure.

    • Supporters see talk of repealing I-638 already.

      What the source says
      Pretty disturbing to see local moms say they are going to try to repeal I-638
      Post text

Update history 2 changes, last

  1. Added a timeline of who can change or undo I-638, and when.
  2. First version.

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{"@context":"https://schema.org","@type":"ClaimReview","url":"https://facthub.org/n/article/wa-i638-can-it-be-reversed","datePublished":"2026-11-05","dateModified":"2026-11-05","author":{"@type":"Organization","name":"FactHub","url":"https://facthub.org/"},"claimReviewed":"Olympia and the courts can just reverse I-638.","reviewRating":{"@type":"Rating","alternateName":"Misleading"},"image":"https://facthub.org/node-assets-v2/article/wa-i638-can-it-be-reversed/2/capitol-portico/social-1200x630.jpg"}

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