Five-second answer

Claim we investigated

Washington currently allows males to compete against girls.

True. WIAA Rule 18.16.0 and OSPI rules let students compete by gender identity, including transgender girls in girls' events. The WIAA's own 2026-27 handbook, state law and OSPI guidance, the Attorney General's neutral ballot statement, two failed WIAA member votes, and race results all show the same rule in force.

Quote or cite this fact-check

FactHub rates the claim “Washington currently allows males to compete against girls” True (high confidence): WIAA Rule 18.16.0 and OSPI rules let students compete by gender identity, including transgender girls in girls' events. Reviewed October 23, 2026. https://facthub.org/n/article/wa-i638-current-rules/4

One-minute summary

What the evidence establishes

  • Established. WIAA Rule 18.16.0, unchanged in the 2026-27 handbook, lets students compete in the category consistent with their gender identity, with no hormone or testosterone requirement; eligibility, once granted, lasts the student's whole career.
  • Established. State law bars gender-identity discrimination in public schools, OSPI says districts must let students play sports matching their gender identity, and the Attorney General's ballot statement says I-638 would generally prevent transgender girls from playing on girls' teams.
  • Context. Washington also lets the sex on a birth certificate be changed to male, female or X (WAC 246-490-075, since January 27, 2018), so a birth-certificate rule like some other states' would not track biological sex here.
  • Established. WIAA member schools voted 31-22 in 2025 and 29-24 in 2026 to limit girls' sports to biological females, short of the 60% needed; the WIAA said the change would violate state law.
  • Context. The numbers are small: FactHub's companion check found 10 athletes behind the Yes campaign's 269 girls'-event entries, including 2 WIAA girls' state track titles (2024 and 2025).
  • Established. The U.S. Supreme Court ruled on June 30, 2026 that states may limit girls' teams to biological females, but said it did not decide whether schools may allow transgender girls on them.
  • Not shown. We found no announced federal finding that Washington violated Title IX, and no court has ordered its policy changed; an investigation opened in April 2025 and a federal lawsuit remain pending.
  • Not shown. Whether I-638 would survive a challenge under Washington's Equal Rights Amendment is untested; opponents say they are preparing one.
Important context: Initiative IL26-638 on the November 3, 2026 ballot would require school and WIAA rules to bar students it defines as biologically male from female-only competition. The Yes argument in the voters' pamphlet says Washington currently allows males to compete against girls. In the measure's terms, and in this article, 'males' means biologically male students; under current rules the students concerned are transgender girls. This check covers what the rules are today, how often they have mattered, the federal dispute over them, and what the U.S. Supreme Court decided in June 2026. It does not judge whether the policy is fair or wise.

Washington currently allows males to compete against girls, undermining opportunities generations before them fought to secure.

Committee for the argument for Initiative IL26-638 (Alesha Perkins and five co-authors), Authors of the official voters' pamphlet argument for IL26-638 2026 Washington voters' pamphlet, Initiative Measure IL26-638, p. 22, argument for: "Vote yes to protect fairness in girls' sports." · · Assertion

Context: The Yes argument's statement of the problem the measure addresses: current Washington rules on who may enter girls' events.

Source: Washington Secretary of State, 2026 General Election voters' pamphlet (statewide edition) · View in the dataset

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 13 institutions and 1 country or international grouping.
Evidence map
Method Institution / country Year(s) What it shows Key limitation Primary links
Text of the WIAA handbook, 2025-26 and 2026-27 editions Washington Interscholastic Activities Association United States 2025, 2026 Rule 18.16.0 of the 2026-27 handbook, identical in substance to 2025-26, says: 'All students have the opportunity to participate in WIAA athletics and/or activities in a manner that is consistent with their gender identity,' and 'Athletes will participate in programs consistent with their gender identity or the gender most consistently expressed.' School staff decide eligibility with the student, and once granted it lasts for the student's whole participation. The rule names no hormone level, medical treatment or waiting period. A student declared ineligible on gender-identity grounds may appeal to a WIAA committee that includes a physician or mental-health professional familiar with WPATH standards of care. The handbook states the rule; it does not show how often schools apply it or how individual eligibility decisions are made. The WIAA does not publish counts of transgender athletes. Washington Interscholastic Activities Association
State statute, administrative rule, agency guidance and the Attorney General's explanatory statement Washington State Legislature, Washington Office of Superintendent of Public Instruction, Washington Attorney General's Office, Washington State Department of Health United States 2025, 2026, 2018 RCW 28A.642.010 says discrimination in Washington public schools on the basis of 'gender expression, gender identity' is prohibited. OSPI's rule, WAC 392-190-005, applies that to 'recreational and athletic activities.' OSPI's guidance to districts says: 'Public schools must allow all students to participate in physical education and athletics that correspond to their gender identity.' The Attorney General's explanatory statement in the voters' pamphlet says OSPI's regulations 'prohibit discrimination based on sex and gender identity,' and that I-638 'would generally prevent transgender girls from participating on girls' sports teams.' The same statement notes that public schools may already provide separate teams based on sex. Washington also lets the sex on a birth certificate be changed: under WAC 246-490-075, in effect since January 27, 2018, an adult, or the parent or guardian of a minor with a health care provider's attestation, may apply to change the sex designation to male, female or X. So the birth-certificate method some other states use would not track biological sex in Washington. The statute and rule bar gender-identity discrimination in general terms; the explicit athletics requirement is in OSPI guidance, which OSPI says it is reviewing after a 2026 Supreme Court order on parental notification. The Attorney General's statement is a summary, not a court ruling. Washington State Legislature Washington State Legislature (Office of the Code Reviser) Washington Office of Superintendent of Public Instruction Washington Secretary of State Washington State Legislature (Office of the Code Reviser)
News reporting of WIAA Representative Assembly results Cascadia Daily News United States 2025, 2026 In April 2025 an amendment to limit girls' sports to biological females got 31 votes to 22, short of the 60% needed; the WIAA had made the vote advisory after legal opinions from the Attorney General and OSPI 'that these amendments would violate state law.' In April 2026 a similar amendment got 29 votes to 24. The WIAA said even if it had passed it 'would not have been implemented' because it violates state law. News reports of vote totals; the WIAA's own results pages were not machine-readable when checked. The 2025 vote was made advisory before it was held. Cascadia Daily News Cascadia Daily News
FactHub's count of Washington girls'-event entries by transgender athletes, checked against WIAA and meet results FactHub Research Team United States 2022, 2023, 2024, 2025, 2026 FactHub's companion check traced the Yes campaign's 269 girls'-event entries to 10 athletes, one of them from 1977. Restricted to WIAA state championship meets from 2022 to 2026, the count is 11 entries, 2 first places and 3 top-three finishes; the two first places were WIAA girls' state track titles, in 2024 and 2025, confirmed against WIAA state results. Most entries were at regular-season meets. Athletes were identified by a third-party tally site from public sources; FactHub checked a sample of results, not each athlete's identity. Counts cover entries, not distinct girls displaced. Athletes are not named here. FactHub FactHub
Opinion of the U.S. Supreme Court Supreme Court of the United States United States 2026 On June 30, 2026, in West Virginia v. B.P.J. (decided with Little v. Hecox), the Court, in an opinion by Justice Kavanaugh joined by five other justices, held that 'Title IX allows schools to provide separate women's and men's sports teams defined by biological sex' and that the two states' laws do not violate the Equal Protection Clause: 'Schools may determine eligibility for women's and girls' sports based on biological sex.' It rejected the argument that Hecox's case was moot. But in footnote 1 the Court said the 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,' and 'Nothing in this opinion is intended to decide that question.' The quoted holdings are from the Reporter's syllabus, which is not part of the opinion; the footnote is from the opinion itself. The decision reviewed West Virginia and Idaho laws, not Washington's policy. Three justices concurred in the judgment in part and dissented in part. Supreme Court of the United States
Federal agency announcements and court records U.S. Department of Education, U.S. Court of Appeals for the Ninth Circuit, Supreme Court of the United States United States 2025, 2026 On April 30, 2025, the Education and Justice departments' Title IX Special Investigations Team opened an investigation of OSPI, citing reports that it 'is requiring school boards to adopt policies that allow males to participate in female sports.' The Department's July 1, 2026 recap lists OSPI among entities probed, but reports referrals to the Justice Department only for Minnesota and California entities. In a federal suit filed in June 2026 by a girls' wrestler and her mother against the WIAA, OSPI and a school district, the district court denied a preliminary injunction, and on September 25, 2026 a Ninth Circuit panel denied an injunction pending appeal, finding the plaintiffs had not shown a genuine emergency or a strong likelihood of success. An emergency application (No. 26A458) was submitted to Justice Kagan on October 2, 2026 and was pending. Absence of a finding is based on the Department's July 1, 2026 enforcement recap and a news search through October 23, 2026; a finding could be unannounced or issued later. Court orders so far are preliminary, not rulings on the merits. U.S. Department of Education U.S. Department of Education U.S. Court of Appeals for the Ninth Circuit Supreme Court of the United States Cascadia Daily News
Washington Supreme Court precedent, state statutes and the parties' stated positions Washington Supreme Court, ACLU of Washington, The 19th United States 1975, 2026 No Hate in WA State's campaign manager has said the campaign is 'already preparing legal arguments in case the initiative becomes law.' The ACLU of Washington concedes that similar bans 'have been legally upheld' by the Supreme Court's 2026 rulings, so a federal challenge would face long odds. The likelier ground is Article XXXI, Washington's Equal Rights Amendment. In Darrin v. Gould (1975) the state Supreme Court held that barring two girls from a high-school football team was 'a prohibited discrimination based on sex,' and said Article XXXI 'added something to the prior prevailing law by eliminating otherwise permissible sex discrimination.' The Washington Law Against Discrimination defines sexual orientation to include 'gender expression or identity,' but it is a statute, and I-638 would amend the WIAA statute directly, so our analysis is that WLAD claims would be weaker than constitutional ones. Our analysis, not a legal opinion. Darrin v. Gould concerned girls barred from a boys' team, a different question from biology-based eligibility for girls' teams, and later cases have not tested Article XXXI on this issue. The 19th ACLU of Washington Washington Supreme Court Washington State Legislature
1. WIAA Rule 18.16.0 lets students compete by gender identity Text of the WIAA handbook, 2025-26 and 2026-27 editions

Rule 18.16.0 of the 2026-27 handbook, identical in substance to 2025-26, says: 'All students have the opportunity to participate in WIAA athletics and/or activities in a manner that is consistent with their gender identity,' and 'Athletes will participate in programs consistent with their gender identity or the gender most consistently expressed.' School staff decide eligibility with the student, and once granted it lasts for the student's whole participation. The rule names no hormone level, medical treatment or waiting period. A student declared ineligible on gender-identity grounds may appeal to a WIAA committee that includes a physician or mental-health professional familiar with WPATH standards of care.

Limit: The handbook states the rule; it does not show how often schools apply it or how individual eligibility decisions are made. The WIAA does not publish counts of transgender athletes.

Verify: 2026-2027 WIAA Handbook

2. State law and OSPI require it; the Attorney General's ballot statement confirms it State statute, administrative rule, agency guidance and the Attorney General's explanatory statement

RCW 28A.642.010 says discrimination in Washington public schools on the basis of 'gender expression, gender identity' is prohibited. OSPI's rule, WAC 392-190-005, applies that to 'recreational and athletic activities.' OSPI's guidance to districts says: 'Public schools must allow all students to participate in physical education and athletics that correspond to their gender identity.' The Attorney General's explanatory statement in the voters' pamphlet says OSPI's regulations 'prohibit discrimination based on sex and gender identity,' and that I-638 'would generally prevent transgender girls from participating on girls' sports teams.' The same statement notes that public schools may already provide separate teams based on sex. Washington also lets the sex on a birth certificate be changed: under WAC 246-490-075, in effect since January 27, 2018, an adult, or the parent or guardian of a minor with a health care provider's attestation, may apply to change the sex designation to male, female or X. So the birth-certificate method some other states use would not track biological sex in Washington.

Limit: The statute and rule bar gender-identity discrimination in general terms; the explicit athletics requirement is in OSPI guidance, which OSPI says it is reviewing after a 2026 Supreme Court order on parental notification. The Attorney General's statement is a summary, not a court ruling.

Verify: RCW 28A.642.010: Discrimination prohibited WAC 392-190-005: Purpose of OSPI's nondiscrimination rules Gender-Inclusive Schools (guidance for school districts) 2026 General Election voters' pamphlet: Initiative Measure IL26-638, explanatory statement (Office of the Attorney General) WAC 246-490-075: Changing sex designation on a birth certificate

Related claim: Under I-638, a birth certificate alone can't prove a girl's sex for sports. — FactHub rates the No claim that I-638 bans parents from using birth certificates Misleading: under I-638, a birth certificate alone can't prove a girl's sex for sports, but the text never mentions birth certificates.

3. Member schools twice fell short of changing the rule News reporting of WIAA Representative Assembly results

In April 2025 an amendment to limit girls' sports to biological females got 31 votes to 22, short of the 60% needed; the WIAA had made the vote advisory after legal opinions from the Attorney General and OSPI 'that these amendments would violate state law.' In April 2026 a similar amendment got 29 votes to 24. The WIAA said even if it had passed it 'would not have been implemented' because it violates state law.

Limit: News reports of vote totals; the WIAA's own results pages were not machine-readable when checked. The 2025 vote was made advisory before it was held.

Verify: Statewide proposals in WA to restrict trans student athletes from girls sports fail (April 21, 2025) Statewide proposal on trans athlete participation in girls sports fails for second time (April 20, 2026)

4. The rule has mattered in a small number of cases, including two state titles FactHub's count of Washington girls'-event entries by transgender athletes, checked against WIAA and meet results

FactHub's companion check traced the Yes campaign's 269 girls'-event entries to 10 athletes, one of them from 1977. Restricted to WIAA state championship meets from 2022 to 2026, the count is 11 entries, 2 first places and 3 top-three finishes; the two first places were WIAA girls' state track titles, in 2024 and 2025, confirmed against WIAA state results. Most entries were at regular-season meets.

Limit: Athletes were identified by a third-party tally site from public sources; FactHub checked a sample of results, not each athlete's identity. Counts cover entries, not distinct girls displaced. Athletes are not named here.

Verify: Washington girls'-event entries by athlete (saved analysis) Sensitivity of the count to scope (saved analysis)

5. The Supreme Court let states bar transgender girls from girls' teams, without deciding whether schools may admit them Opinion of the U.S. Supreme Court

On June 30, 2026, in West Virginia v. B.P.J. (decided with Little v. Hecox), the Court, in an opinion by Justice Kavanaugh joined by five other justices, held that 'Title IX allows schools to provide separate women's and men's sports teams defined by biological sex' and that the two states' laws do not violate the Equal Protection Clause: 'Schools may determine eligibility for women's and girls' sports based on biological sex.' It rejected the argument that Hecox's case was moot. But in footnote 1 the Court said the 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,' and 'Nothing in this opinion is intended to decide that question.'

Limit: The quoted holdings are from the Reporter's syllabus, which is not part of the opinion; the footnote is from the opinion itself. The decision reviewed West Virginia and Idaho laws, not Washington's policy. Three justices concurred in the judgment in part and dissented in part.

Verify: West Virginia v. B. P. J., No. 24-43, together with Little v. Hecox, No. 24-38 (June 30, 2026), slip opinion

6. The federal government disputes Washington's rule; no finding or court order has followed Federal agency announcements and court records

On April 30, 2025, the Education and Justice departments' Title IX Special Investigations Team opened an investigation of OSPI, citing reports that it 'is requiring school boards to adopt policies that allow males to participate in female sports.' The Department's July 1, 2026 recap lists OSPI among entities probed, but reports referrals to the Justice Department only for Minnesota and California entities. In a federal suit filed in June 2026 by a girls' wrestler and her mother against the WIAA, OSPI and a school district, the district court denied a preliminary injunction, and on September 25, 2026 a Ninth Circuit panel denied an injunction pending appeal, finding the plaintiffs had not shown a genuine emergency or a strong likelihood of success. An emergency application (No. 26A458) was submitted to Justice Kagan on October 2, 2026 and was pending.

Limit: Absence of a finding is based on the Department's July 1, 2026 enforcement recap and a news search through October 23, 2026; a finding could be unannounced or issued later. Court orders so far are preliminary, not rulings on the merits.

Verify: Title IX Special Investigations Team Launches Directed Investigation into Washington State Superintendent's Office (April 30, 2025) U.S. Department of Education Marks End of Second Annual Title IX Month with Major Enforcement Recap (July 1, 2026) Order denying injunction pending appeal, No. 26-5488 (September 25, 2026) Docket for Application No. 26A458 Statewide proposal on trans athlete participation in girls sports fails for second time (April 20, 2026)

7. A state-law challenge to I-638 is likely; its outcome is untested Washington Supreme Court precedent, state statutes and the parties' stated positions

No Hate in WA State's campaign manager has said the campaign is 'already preparing legal arguments in case the initiative becomes law.' The ACLU of Washington concedes that similar bans 'have been legally upheld' by the Supreme Court's 2026 rulings, so a federal challenge would face long odds. The likelier ground is Article XXXI, Washington's Equal Rights Amendment. In Darrin v. Gould (1975) the state Supreme Court held that barring two girls from a high-school football team was 'a prohibited discrimination based on sex,' and said Article XXXI 'added something to the prior prevailing law by eliminating otherwise permissible sex discrimination.' The Washington Law Against Discrimination defines sexual orientation to include 'gender expression or identity,' but it is a statute, and I-638 would amend the WIAA statute directly, so our analysis is that WLAD claims would be weaker than constitutional ones.

Limit: Our analysis, not a legal opinion. Darrin v. Gould concerned girls barred from a boys' team, a different question from biology-based eligibility for girls' teams, and later cases have not tested Article XXXI on this issue.

Verify: How Washington state's sports ballot measure will impact all girls (July 2026) Banning trans girls from school sports is discrimination Darrin v. Gould, 85 Wn.2d 859, 540 P.2d 882 (1975) RCW 49.60.040: Definitions (Washington Law Against Discrimination)

Common questions

“Washington has eligibility rules, so transgender girls can't simply enter girls' events.”

Short answer: No hormone or medical test

The WIAA rule does set a process: school staff decide eligibility with the student, and a student found ineligible can appeal to a WIAA committee with medical and mental-health members. But the standard is gender identity 'or the gender most consistently expressed,' with no hormone level, medical treatment or waiting period, and eligibility once granted lasts the student's whole career. Nothing in the rule ties eligibility to physical sex characteristics.

“Only a handful of transgender girls compete, so the rule rarely matters.”

Short answer: Few athletes, some titles

The numbers are small. The No campaign says 5 to 10 transgender girls would be affected, and FactHub's companion check found 10 athletes behind 269 girls'-event entries over several years, most at regular-season meets. But the rule has decided results: 2 WIAA girls' state track titles (2024 and 2025) and other top-three finishes. Whether that justifies a statewide rule is a question of values, not of fact.

Deeper analysis: The Yes campaign's 269 girls'-event placements check out, from ten athletes. — FactHub rates the Yes campaign's count of 269 placements Mostly true: the Yes campaign's 269 girls'-event placements check out, from ten athletes, mostly at regular-season meets.

“The Supreme Court's 2026 ruling makes Washington's policy illegal.”

Short answer: No

The Court held that states and schools may limit girls' teams to biological females. It did not hold that they must, and it said in footnote 1 that it was not deciding whether schools may allow transgender girls on girls' teams, a question now in lower-court litigation, including the Washington wrestling case.

“The federal government has found Washington in violation of Title IX.”

Short answer: Not found

The Trump administration's position, set out in a February 2025 executive order and in the Education Department's April 2025 investigation of OSPI, is that Title IX forbids letting transgender girls compete in girls' sports. But we found no announced finding against OSPI: the Department's July 1, 2026 recap lists OSPI as investigated and reports referrals to the Justice Department only for Minnesota and California entities. Courts have not ruled on the merits in Washington's case.

“I-638 would be struck down under Washington's constitution.”

Short answer: Untested

A challenge is likely, and Washington's Equal Rights Amendment has been read broadly: in 1975 the state Supreme Court said it eliminated 'otherwise permissible sex discrimination' when it ordered a school to let girls play football. But that case was about girls excluded from a boys' team. Washington law already allows separate teams by sex, and no Washington court has decided whether a biology-based line for girls' teams violates Article XXXI. Predictions either way are guesses.

Conclusion

The Yes statement is accurate. WIAA Rule 18.16.0, unchanged in the 2026-27 handbook, says all students may take part 'in a manner that is consistent with their gender identity,' and that athletes 'will participate in programs consistent with their gender identity or the gender most consistently expressed.' The rule sets no hormone, testosterone or medical requirement; school staff decide eligibility with the student, and once granted it lasts for the student's whole career. State law backs the rule: RCW 28A.642.010 bars discrimination in public schools on the basis of gender identity, OSPI's rules apply that to athletics, and OSPI tells districts they 'must allow all students to participate in physical education and athletics that correspond to their gender identity.' The Attorney General's explanatory statement in the voters' pamphlet says the same and adds that I-638 'would generally prevent transgender girls from participating on girls' sports teams.' Since 2018 Washington has also let the sex on a birth certificate be changed to male, female or X, so a birth certificate here does not necessarily record biological sex. WIAA member schools voted twice to change the participation rule, 31-22 in 2025 and 29-24 in 2026, short of the 60% needed both times, and the WIAA said either change would have violated state law anyway. The other side's best points are about scale and context, not about whether the statement is true. Few athletes are involved: the No campaign says 5 to 10 transgender girls would be affected, and FactHub's companion check found 10 athletes behind the Yes campaign's 269 girls'-event entries, with 2 WIAA girls' state track titles (2024 and 2025). The federal government disputes Washington's rule: the Education and Justice departments opened a Title IX investigation of OSPI in April 2025, and a girls' wrestler's federal suit against the WIAA and OSPI is pending, with an emergency application at the U.S. Supreme Court. But as of this review we found no announced federal finding that Washington violated Title IX, and no court has ordered the policy changed; a district judge and a Ninth Circuit panel have so far declined to. The Supreme Court's June 30, 2026 decision in West Virginia v. B.P.J. and Little v. Hecox held that states may limit girls' teams to biological females under Title IX and the Equal Protection Clause, but it said expressly that it did not decide whether schools may allow transgender girls on girls' teams. So the decision neither requires Washington to change its rule nor protects it. If I-638 passes, a court challenge is likely: the No campaign has said it is preparing one. Our analysis: after B.P.J., a federal constitutional challenge would face long odds, and the likelier route is Washington's Equal Rights Amendment, which the state Supreme Court in 1975 read as eliminating 'otherwise permissible sex discrimination' when it ordered a school to let girls play football. How that reading applies to sex-separated teams defined by biology has not been tested, and Washington law already allows separate teams by sex. We rate the claim True with high confidence because it rests on the governing rule's own text, confirmed by state officials on both sides of the question.

How we checked

  1. Defined the claim: whether Washington's current rules let biologically male students, in practice transgender girls, compete in girls' interscholastic sports, using the Yes pamphlet's exact words.
  2. Read WIAA Rule 18.16.0 and related appeal rules in the 2025-26 and 2026-27 handbooks, RCW 28A.642.010, WAC 392-190-005, OSPI's gender-inclusive schools guidance and the Attorney General's explanatory statement in the voters' pamphlet.
  3. Checked reported WIAA Representative Assembly votes in 2025 and 2026, and FactHub's companion count of girls'-event entries for the scale of the issue.
  4. Read the Supreme Court's June 30, 2026 slip opinion, the Education Department's April 2025 announcement and July 2026 recap, the Ninth Circuit's September 2026 order and the Supreme Court docket for application 26A458.
  5. Read Darrin v. Gould and the WLAD definitions for the state-law outlook, labeled as our analysis, and recorded the limits of each source.
  6. Read WAC 246-490-075 on changing the sex designation on a Washington birth certificate.

Editorial note: Scope: this article checks whether current Washington rules let biologically male students compete in girls' school sports, and sets out the related federal and state legal questions. It does not rate the fairness or wisdom of either policy. 'Males' is the Yes campaign's word and the measure's term ('biologically male'); in our own voice we say transgender girls. No athlete is named; competitors are described by event, year and classification only, and all are minors or were when they competed. Legal outlook statements are labeled as our analysis; we are not lawyers and this is not legal advice. FactHub takes no position on I-638. No external specialist review has been recorded.

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

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

  1. Party to the dispute Washington Interscholastic Activities Association. 2026-2027 WIAA Handbook

    The WIAA's rules for interscholastic athletics, linked from wiaa.com; Rule 18.16.0 covers gender-identity participation and Rule 19.6.2.1 the appeal panel.

    Reliability: The WIAA is the nonprofit to which school districts delegate athletics rules under RCW 28A.600.200, and a defendant in the pending federal suit. The text quoted is its own rule.

    • WIAA rules let all students take part 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

    • Athletes play in programs matching their gender identity or most consistently expressed gender; no medical criterion is stated.

      What the source says
      Athletes will participate in programs consistent with their gender identity or the gender most consistently expressed.
      Rule 18.16.0

    • Once granted, eligibility lasts for the student's whole participation.

      What the source says
      the eligibility is granted for the duration of the student's participation
      Rule 18.16.0

    • Qualifies: A student found ineligible on gender-identity grounds can appeal to a WIAA committee.

      What the source says
      Should a student be declared ineligible on the basis of gender identity, the WIAA will facilitate an Eligibility Committee
      Rule 19.6.2.1
  2. Government Washington State Legislature. RCW 28A.642.010: Discrimination prohibited

    State statute barring discrimination in public schools, including on the basis of gender identity.

    Reliability: Official code of Washington state law.

    • State law bars discrimination in public schools on the basis of gender expression and gender identity.

      What the source says
      Discrimination in Washington public schools on the basis of race, ethnicity, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation, gender expression, gender identity
      RCW 28A.642.010
  3. Government Washington State Legislature (Office of the Code Reviser). WAC 392-190-005: Purpose of OSPI's nondiscrimination rules

    OSPI's administrative rule applying the school nondiscrimination statutes to all school programs.

    Reliability: Official administrative code; the rule is adopted by OSPI.

    • OSPI's rule applies the ban on gender-identity discrimination to school athletics.

      What the source says
      with regard to any program or activity conducted by or on behalf of a school district or public charter school including, but not limited to, recreational and athletic activities
      WAC 392-190-005
  4. Party to the dispute Washington Office of Superintendent of Public Instruction. Gender-Inclusive Schools (guidance for school districts)

    OSPI's guidance to districts on gender identity, including sports.

    Reliability: OSPI is the state agency that enforces the policy and a defendant in the pending federal suit and subject of a federal investigation.

    • OSPI tells districts they must let students take part in athletics matching their gender identity.

      What the source says
      Public schools must allow all students to participate in physical education and athletics that correspond to their gender identity.
      Sports & Physical Education Classes

    • Qualifies: OSPI says it is reviewing its guidance after a 2026 Supreme Court order on parents' rights.

      What the source says
      We are reviewing the guidance and resources we offer to school districts to ensure their consistency with the Supreme Court
      Notice at top of page
  5. Government Washington Secretary of State. 2026 General Election voters' pamphlet: Initiative Measure IL26-638, explanatory statement (Office of the Attorney General)

    The Attorney General's neutral explanatory statement of current law and the measure's effect, printed in the state voters' pamphlet (statewide pages 20-22).

    Reliability: Written by the Attorney General's office under state law as a neutral explanation; the Attorney General's office also represents OSPI in the pending federal suit.

    • The Attorney General says OSPI's current rules prohibit discrimination in sports based on gender identity.

      What the source says
      The Office of the Superintendent of Public Instruction also creates regulations and guidelines to eliminate discrimination in sports for students, and these regulations prohibit discrimination based on sex and gender identity.
      Explanatory Statement, The Law as It Presently Exists

    • The Attorney General says I-638 would generally keep transgender girls off girls' teams, implying they can play on them now.

      What the source says
      This would generally prevent transgender girls from participating on girls' sports teams.
      Explanatory Statement, The Effect of the Proposed Measure if Approved

    • Qualifies: Washington law already lets public schools provide separate teams by sex.

      What the source says
      Those sports must be offered to all public school students without regard to sex, but public schools may provide separate athletic teams based on sex.
      Explanatory Statement, The Law as It Presently Exists
  6. News report Cascadia Daily News. Statewide proposals in WA to restrict trans student athletes from girls sports fail (April 21, 2025)

    Report of the 2025 WIAA Representative Assembly results.

    Reliability: Bellingham-based news outlet; reports results released by the WIAA and quotes its communications director.

    • The 2025 amendment to limit girls' sports to biological girls got 31 of 53 votes, short of 60%.

      What the source says
      narrowly failed, with 31 votes in favor and 22 against, just short of the 60% needed to pass
      Paragraph on the Lynden amendment
  7. News report Cascadia Daily News. Statewide proposal on trans athlete participation in girls sports fails for second time (April 20, 2026)

    Report of the 2026 WIAA Representative Assembly results.

    Reliability: Bellingham-based news outlet reporting WIAA results.

    • The 2026 amendment got 29 votes to 24, short of the 60% needed.

      What the source says
      The gender participation amendment failed to reach the 60% needed to pass, with 29 members of the WIAA’s representative assembly in favor and 24 against.
      Opening paragraphs

    • The WIAA said the change would not have been implemented because it violates state law.

      What the source says
      Even if it had passed, the proposal would not have been implemented as the WIAA has said it violates state law.
      Opening paragraphs

    • Qualifies: A February 2025 executive order says schools should not let transgender athletes compete in girls' sports.

      What the source says
      A February 2025 executive order signed by President Donald Trump says athletic associations and educational institutions should not allow transgender student-athletes participate in girls’ sports.
      Paragraph on the federal stance
  8. FactHub record FactHub. Washington girls'-event entries by athlete (saved analysis)

    FactHub's companion dataset tracing the Yes campaign's 269 entries to individual (unnamed) athletes.

    • Qualifies: Ten athletes account for the 269 entries; one entry is from 1977.

  9. FactHub record FactHub. Sensitivity of the count to scope (saved analysis)

    The entry count restricted to Washington meets, WIAA sports and state championships.

    • At WIAA state meets, 2022-2026: 11 entries, 2 wins and 3 top-three finishes.

  10. Government Supreme Court of the United States. West Virginia v. B. P. J., No. 24-43, together with Little v. Hecox, No. 24-38 (June 30, 2026), slip opinion

    The Court's decision on state laws limiting girls' and women's teams to biological females.

    Reliability: Official slip opinion; opinion by Justice Kavanaugh for six justices, with three concurring in the judgment in part and dissenting in part. The syllabus is prepared by the Reporter of Decisions and is not part of the opinion.

    • Qualifies: Title IX allows teams separated by biological sex.

      What the source says
      Title IX allows schools to provide separate women's and men's sports teams defined by biological sex
      Syllabus, Held 1

    • Qualifies: Schools may set girls'-sports eligibility by biological sex.

      What the source says
      Schools may determine eligibility for women's and girls' sports based on biological sex.
      Syllabus, Held 2(a)

    • The Court did not decide whether schools may allow transgender girls on girls' teams.

      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
      Opinion of the Court, footnote 1
  11. Party to the dispute U.S. Department of Education. Title IX Special Investigations Team Launches Directed Investigation into Washington State Superintendent's Office (April 30, 2025) Free copy

    The federal announcement opening a Title IX investigation of OSPI.

    Reliability: Has a stake in this finding. The Department is a party to the dispute with OSPI; it reports allegations, not findings.

    • The federal investigation cites reports that OSPI requires districts to let transgender girls play in girls' sports.

      What the source says
      Multiple Washington State school districts have reported that OSPI is requiring school boards to adopt policies that allow males to participate in female sports
      Paragraph 2
  12. Party to the dispute U.S. Department of Education. U.S. Department of Education Marks End of Second Annual Title IX Month with Major Enforcement Recap (July 1, 2026) Free copy

    The Department's summary of its Title IX enforcement actions as of July 2026.

    Reliability: Has a stake in this finding. The Department summarizing its own enforcement; it lists OSPI among entities investigated.

    • Qualifies: As of July 2026 the Department listed OSPI as investigated but reported Justice Department referrals only for Minnesota and California entities.

      What the source says
      to DOJ for enforcement after these entities refused resolution agreements following findings of Title IX violations
      Taking Enforcement Action
  13. Government U.S. Court of Appeals for the Ninth Circuit. Order denying injunction pending appeal, No. 26-5488 (September 25, 2026)

    Published order in a girls' wrestler's suit against the WIAA, OSPI and a school district.

    Reliability: Court order on emergency relief, not a ruling on the merits; the minor plaintiff is identified only by initials.

    • The suit challenges state and district policies letting athletes compete by gender identity; the panel denied emergency relief.

      What the source says
      state and district policies that permit student athletes to compete on the team that aligns with their gender identity
      Summary
  14. Government Supreme Court of the United States. Docket for Application No. 26A458

    Docket of the emergency application in the Washington wrestling case.

    Reliability: Official docket; entries record filings, not outcomes.

    • Qualifies: An emergency application in the Washington case was submitted to Justice Kagan on October 2, 2026.

      What the source says
      Application (26A458) for an injunction pending appeal, submitted to Justice Kagan.
      Docket entry, Oct 02 2026
  15. Government Washington Supreme Court. Darrin v. Gould, 85 Wn.2d 859, 540 P.2d 882 (1975) Free copy

    The state Supreme Court's leading decision applying the Equal Rights Amendment to school sports.

    Reliability: Opinion of the Washington Supreme Court, as reproduced by CourtListener and the Caselaw Access Project.

    • Qualifies: The court held that barring two girls from a high-school football team was prohibited sex discrimination.

      What the source says
      We hold the denial a prohibited discrimination based on sex and reverse.
      Opening paragraph

    • Qualifies: The court read the Equal Rights Amendment as going beyond the usual equal-protection tests.

      What the source says
      added something to the prior prevailing law by eliminating otherwise permissible sex discrimination if the rational relationship or strict scrutiny tests were met.
      Discussion of Const. art. 31
  16. Government Washington State Legislature. RCW 49.60.040: Definitions (Washington Law Against Discrimination)

    Definitions for the state's general anti-discrimination law.

    Reliability: Official code of Washington state law.

    • Qualifies: Washington's anti-discrimination law defines sexual orientation to include gender identity.

      What the source says
      "Sexual orientation" means heterosexuality, homosexuality, bisexuality, and gender expression or identity.
      Definition of sexual orientation
  17. Advocacy group ACLU of Washington. Banning trans girls from school sports is discrimination

    The ACLU of Washington's statement opposing I-638.

    Reliability: Speaks against its own interest. The ACLU of Washington opposes I-638 and is a donor to No Hate in WA State; the quoted passage concedes a point against its own position.

    • Qualifies: Even opponents concede the Supreme Court has upheld similar bans.

      What the source says
      Similar bans have been enacted throughout the country, and have been legally upheld by recent U.S. Supreme Court rulings in Little v. Hecox and West Virginia v. BPJ.
      Body
  18. News report The 19th. How Washington state's sports ballot measure will impact all girls (July 2026)

    Reporting on I-638 with interviews of the No campaign.

    Reliability: Nonprofit newsroom covering gender and policy; quotes the No campaign's manager on legal plans.

    • Qualifies: The No campaign says it is preparing a legal challenge if I-638 passes.

      What the source says
      Watson said her organization is already preparing legal arguments in case the initiative becomes law.
      Body · Libby Watson, campaign manager, No Hate in WA State
  19. Government Washington State Legislature (Office of the Code Reviser). WAC 246-490-075: Changing sex designation on a birth certificate

    Department of Health rule on changing the sex designation on a Washington birth certificate.

    Reliability: Official administrative code; the rule is adopted by the Department of Health, which keeps birth records.

    • A parent or guardian may apply to change the sex designation on a minor's birth certificate.

      What the source says
      Only the parent or legal guardian of a minor may apply to change sex designation on the minor's birth certificate.
      Subsection (3)

    • The sex designation can be changed to male, female or X.

      What the source says
      Sex designation requested (male, female, or X)
      Subsection (4)(g)

    • The rule took effect January 27, 2018.

      What the source says
      filed 12/27/17, effective 1/27/18.
      History note
  20. FactHub dataset Initiative 638: the campaigns' claims in their own words
    • Washington currently allows males to compete against girls, undermining opportunities generations before them fought to secure.
      Committee for the argument for Initiative IL26-638 (Alesha Perkins and five co-authors), Authors of the official voters' pamphlet argument for IL26-638, · In the dataset
  21. FactHub dataset Washington girls' school events entered by male-born athletes, as tallied by HeCheated.org (anonymized)

    • Scope: Entire dataset release

      Saved analysis by-athlete

    • Scope: Entire dataset release

      Saved analysis scope-sensitivity

Update history

  1. First draft.
  2. Version 2: described the two state titles by year only; added Washington's rule on changing the sex designation on a birth certificate (WAC 246-490-075); updated links to the other I-638 fact checks. Rating unchanged.
  3. Updated related links to the final versions of sibling articles. Now cites version 3 of the girls'-event placements dataset; the cited figures are unchanged.
  4. Updated related links to the final versions of sibling articles.

Cited by

Version details

The exact citing versions, and the version of this article each cites.

  • Article wa-i638-yes-campaign-claims — version 2 (published) cites version 4
  • Article wa-i638-media-coverage-omissions — version 6 (published) cites version 4
  • Article girls-sports-participation-after-state-laws — version 6 (published) cites version 4
  • Article wa-i638-campaign-funding — version 5 (published) cites version 4
  • Article students-disciplined-for-objecting — version 3 (published) cites version 4
  • Briefing wa-i-638 — version 5 (published) cites version 4
  • Briefing wa-i-638 — version 4 (published) cites version 4

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{"@context":"https://schema.org","@type":"ClaimReview","url":"https://facthub.org/n/article/wa-i638-current-rules/4","datePublished":"2026-10-23","dateModified":"2026-10-23","author":{"@type":"Organization","name":"FactHub","url":"https://facthub.org/"},"claimReviewed":"Washington currently allows males to compete against girls.","reviewRating":{"@type":"Rating","alternateName":"True"},"image":"https://facthub.org/node-assets-v2/article/wa-i638-current-rules/4/track/social-1200x630.jpg"}

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