Five-second answer
Claim we investigated
It's the Most Extreme Proposal of Its Kind In The U.S
Misleading. Most state laws go further on scope and enforcement; I-638 is strictest only in medically verifying every girl. Our coding of all 28 enacted state laws and regulations from their official texts shows most reach college sports and let students sue, which I-638 does not, while only I-638 requires a provider's anatomy, genetic or hormone check for every girl.
Quote or cite this fact-check
FactHub rates the claim “It's the Most Extreme Proposal of Its Kind In The U.S” Misleading (moderate confidence): Most state laws go further on scope and enforcement; I-638 is strictest only in medically verifying every girl. Reviewed October 23, 2026. https://facthub.org/n/article/wa-i638-most-extreme/4
One-minute summary
What the evidence establishes
- Established. We compared I-638 with all 28 enacted state laws and regulations that limit girls' school sports to students of female sex, coded from their official texts.
- Established. I-638 is narrower than most: 25 of the 28 also cover college sports, 24 let harmed students sue, and three penalize schools that don't comply. I-638 does none of these.
- Established. I-638 is the only measure that requires every girl entering girls' sports to bring a health care provider's statement, and the only one that limits the check for everyone to anatomy, genetics or testosterone.
- Context. Fourteen state laws state no verification method, 11 use the birth certificate, Oklahoma requires a yearly parent affidavit, and Nebraska requires a doctor-signed document from every athlete, boys included. In Washington a birth certificate's sex designation can be changed, so a birth-certificate rule there would not track biological sex.
- Established. I-638's verification words closely follow Idaho's 2020 law and Florida's 2021 House bill, but both used them only when a student's sex was disputed.
- Not shown. The No campaign says the measure is the most extreme because it targets girls with genital exams; the text does not require a genital exam, since a provider may rely on genetics or testosterone instead.
- Context. On June 30, 2026, the U.S. Supreme Court upheld West Virginia's and Idaho's laws, holding that states may limit girls' sports to students of female sex.
Vote No Because It's the Most Extreme Proposal of Its Kind In The U.S
Context: A heading of the No argument comparing the measure with similar laws in other states.
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.
| Method | Institution / country | Year(s) | What it shows | Key limitation | Primary links |
|---|---|---|---|---|---|
| Primary legal text review | Washington Secretary of State United States | 2025 | Section 3 of the filed text requires school-district and WIAA rules to bar biologically male students from female-only competition, and requires every student who elects to enter that competition to provide, as part of the routine sports physical, a statement signed by her personal health care provider verifying her sex, relying only on reproductive anatomy, genetic makeup or normal endogenously produced testosterone levels. The act amends only the K-12 school statutes (RCW 28A.600.200 and 28A.640.020). It creates no private cause of action and adds no penalty for schools. | The filed text is the only source for what I-638 would do; implementing rules by the WIAA and the state superintendent do not exist yet and could add requirements, such as a form or a dispute process. | Washington Secretary of State |
| Coding of 28 state statutes and regulations from their official texts | FactHub Research Team, State legislatures (27 states), Alaska State Board of Education United States | 2020, 2021, 2022, 2023, 2024, 2025, 2026 | Of the 28 enacted measures, 25 also cover college sports, 24 let harmed students sue (Idaho's, for example, allows damages including for psychological harm, plus attorney's fees), six also bar girls from boys' teams, and three penalize noncomplying schools. I-638 does none of these. Eight laws start at grade 5 or later; I-638's text, like 20 others, states no grade floor. | Coded from statute and regulation text by one coder; athletic-association rules and enforcement practice were not reviewed. Dimensions are unweighted, so 'more extreme overall' still requires a judgment about which dimensions matter. | FactHub Research Team Idaho Legislature Movement Advancement Project |
| Comparison of verification provisions across state laws | Idaho Legislature, Nebraska Legislature, Oklahoma Legislature, Kentucky General Assembly, Georgia General Assembly, Washington State Department of Health United States | 2020, 2022, 2025, 2018 | No enacted law requires a provider's anatomy, genetic or hormone check of every girl. Idaho uses those three bases only to resolve a dispute about a particular student. Nebraska requires every athlete on a boys' or girls' team to give the school a doctor-signed document confirming sex, with no basis named. Oklahoma requires a yearly parent affidavit for every athlete. Kentucky accepts the original birth certificate or a sworn affidavit from the provider who did the sports physical. Georgia's 2025 law expressly does not authorize visual inspection of a student's external sex organs. The 11 states that rely on the birth certificate name the original issued at or near birth. A birth-certificate rule would work differently in Washington: since 2018, WAC 246-490-075 has let an adult, or a parent for a minor (with a provider's statement that the change is consistent with the minor's identity), change the sex designation on a Washington birth certificate to male, female or X. A Washington birth certificate therefore shows the current designation, which may not match biological sex. | Laws that state no method leave proof to schools and associations, which may ask for documents in practice. Nebraska's doctor-signed document is close to I-638's requirement and broader in one way, since it covers boys too. | FactHub Research Team FactHub Research Team Idaho Legislature Nebraska Legislature Oklahoma Legislature Kentucky General Assembly Georgia General Assembly Washington State Legislature (Washington Administrative Code) |
| Legislative history review of failed and amended bills | Florida House of Representatives, Ohio House of Representatives United States | 2021, 2022 | Florida's 2021 House bill would have resolved disputes with a form signed by the student's personal health care provider during a routine sports physical, relying only on anatomy, genetic makeup or testosterone; the enacted Florida law uses the birth certificate instead. Ohio's House in 2022 passed a dispute clause requiring a physician's statement based on internal and external reproductive anatomy, testosterone and genetics; the Senate removed it. These earlier proposals were arguably more intrusive for a disputed student, but none required a check of every girl. | We checked bills found in the state research, not every girls'-sports bill filed since 2020, so a failed bill requiring checks of every girl could exist. | Florida Senate (bill archive) Florida Legislature Ohio General Assembly |
| Review of the controlling court ruling | Supreme Court of the United States United States | 2026 | In West Virginia v. B.P.J., decided with Little v. Hecox on June 30, 2026, the Court held that states may maintain girls' sports for biological females and decide eligibility by biological sex. Rules like I-638's operative rule are in force in 28 states and have now survived federal Title IX and equal protection challenges. | The ruling decides Title IX and equal protection questions for two states' laws; it does not address verification methods or state constitutional claims, which could still be raised against I-638 in Washington courts. | Supreme Court of the United States |
| Campaign statement review | No Hate in WA State United States | 2026 | The No campaign's website says the measure is the most extreme of its kind because it targets girls with invasive genital exams to medically certify their sex, and boys are exempt. Verification of every girl is the one dimension where our comparison finds I-638 stricter than every enacted law. The genital-exam part is a reading of the text that FactHub's separate check rates False. | A campaign website is advocacy and may change; the pamphlet heading itself gives no reason. | No Hate in WA State |
1. What I-638 itself requires Primary legal text review
Section 3 of the filed text requires school-district and WIAA rules to bar biologically male students from female-only competition, and requires every student who elects to enter that competition to provide, as part of the routine sports physical, a statement signed by her personal health care provider verifying her sex, relying only on reproductive anatomy, genetic makeup or normal endogenously produced testosterone levels. The act amends only the K-12 school statutes (RCW 28A.600.200 and 28A.640.020). It creates no private cause of action and adds no penalty for schools.
Limit: The filed text is the only source for what I-638 would do; implementing rules by the WIAA and the state superintendent do not exist yet and could add requirements, such as a form or a dispute process.
Verify: Initiative Measure No. IL26-638, filed text (filed June 2, 2025)
- Every student who elects to enter female-only competition must provide a provider-signed statement verifying her sex as part of the routine sports physical; nothing comparable applies to boys' teams. Washington Secretary of State · Qualifies
- The provider may rely only on anatomy, genetic makeup or testosterone; a birth certificate is not a listed basis. Washington Secretary of State · Qualifies
- The act amends only Washington's K-12 school statutes; it has no college provision. Washington Secretary of State
2. Most state laws reach further in scope and enforcement Coding of 28 state statutes and regulations from their official texts
Of the 28 enacted measures, 25 also cover college sports, 24 let harmed students sue (Idaho's, for example, allows damages including for psychological harm, plus attorney's fees), six also bar girls from boys' teams, and three penalize noncomplying schools. I-638 does none of these. Eight laws start at grade 5 or later; I-638's text, like 20 others, states no grade floor.
Limit: Coded from statute and regulation text by one coder; athletic-association rules and enforcement practice were not reviewed. Dimensions are unweighted, so 'more extreme overall' still requires a judgment about which dimensions matter.
Verify: State laws compared with I-638: strictness by dimension (saved analysis) Idaho Code 33-6205, Cause of action Bans on transgender youth participation in sports (data as of October 22, 2026)
- 25 of the 28 enacted state measures also cover college sports; I-638 does not. FactHub Research Team
- 24 of the 28 let harmed students sue (four of them only for injunctions or only at colleges); I-638 creates no right to sue. FactHub Research Team
- Eight state laws start at grade 5 or later; I-638's text, like 20 others, states no grade floor. FactHub Research Team · Qualifies
- Idaho lets harmed students sue for damages, including psychological harm, and attorney's fees; I-638 creates no such right. Idaho Legislature
- The tracker marks 27 states with this description, matching our list of state laws before Alaska's regulation is added. Movement Advancement Project
3. On verification, I-638 stands alone Comparison of verification provisions across state laws
No enacted law requires a provider's anatomy, genetic or hormone check of every girl. Idaho uses those three bases only to resolve a dispute about a particular student. Nebraska requires every athlete on a boys' or girls' team to give the school a doctor-signed document confirming sex, with no basis named. Oklahoma requires a yearly parent affidavit for every athlete. Kentucky accepts the original birth certificate or a sworn affidavit from the provider who did the sports physical. Georgia's 2025 law expressly does not authorize visual inspection of a student's external sex organs. The 11 states that rely on the birth certificate name the original issued at or near birth. A birth-certificate rule would work differently in Washington: since 2018, WAC 246-490-075 has let an adult, or a parent for a minor (with a provider's statement that the change is consistent with the minor's identity), change the sex designation on a Washington birth certificate to male, female or X. A Washington birth certificate therefore shows the current designation, which may not match biological sex.
Limit: Laws that state no method leave proof to schools and associations, which may ask for documents in practice. Nebraska's doctor-signed document is close to I-638's requirement and broader in one way, since it covers boys too.
Verify: State laws compared with I-638: strictness by dimension (saved analysis) How state K-12 laws determine sex (saved analysis) Idaho Code 33-6203, Designation of athletic teams LB 89 (2025), Stand With Women Act, slip law SB 2 (2022), enrolled, codified at 70 O.S. 27-106 KRS 156.070 SB 1 (2025), Riley Gaines Act, House committee substitute LC 49 2383S WAC 246-490-075, Changing sex designation on a birth certificate (WSR 18-02-048, effective January 27, 2018)
- Only Oklahoma, Utah and Nebraska require proof of sex from every athlete, and only Nebraska requires a doctor's signature; none limits a routine check to anatomy, genetics or testosterone. FactHub Research Team · Qualifies
- 14 state laws state no method, 11 use the birth certificate, and one each use a parent affidavit (Oklahoma), a doctor-signed document for all athletes (Nebraska), and a provider statement on dispute (Idaho). FactHub Research Team · Qualifies
- Idaho requires a provider's statement only to resolve a dispute about a student's sex. Idaho Legislature
- Idaho's bases are almost word for word I-638's: anatomy, genetic makeup or testosterone. Idaho Legislature · Qualifies
- Nebraska requires every athlete on a boys' or girls' team to give the school a doctor-signed document confirming sex, without naming a basis. Nebraska Legislature · Qualifies
- Oklahoma requires a yearly parent affidavit of sex at birth for every athlete, a routine requirement but not a medical one. Oklahoma Legislature · Qualifies
- Kentucky accepts a sworn affidavit from the provider who did the sports physical, but only as an alternative to the original birth certificate. Kentucky General Assembly
- Georgia's law expressly does not authorize visual inspection of a student's external sex organs, while allowing medical records. Georgia General Assembly
- A parent or legal guardian may apply to change the sex designation on a minor's Washington birth certificate. Washington State Legislature (Washington Administrative Code) · Qualifies
- For a minor, a licensed provider attests that the change is consistent with the minor's identity, so a Washington certificate need not reflect biological sex. Washington State Legislature (Washington Administrative Code) · Qualifies
4. The same words were proposed before, for disputes only Legislative history review of failed and amended bills
Florida's 2021 House bill would have resolved disputes with a form signed by the student's personal health care provider during a routine sports physical, relying only on anatomy, genetic makeup or testosterone; the enacted Florida law uses the birth certificate instead. Ohio's House in 2022 passed a dispute clause requiring a physician's statement based on internal and external reproductive anatomy, testosterone and genetics; the Senate removed it. These earlier proposals were arguably more intrusive for a disputed student, but none required a check of every girl.
Limit: We checked bills found in the state research, not every girls'-sports bill filed since 2020, so a failed bill requiring checks of every girl could exist.
Verify: HB 1475 (2021), as filed Florida Statutes 1006.205, Fairness in Women's Sports Act HB 151 (134th General Assembly), as passed by the House, June 1, 2022
- Florida's House bill used I-638's verification words, but only to resolve a dispute about a student's sex. Florida Senate (bill archive) · Qualifies
- The enacted Florida law uses the birth certificate instead of a provider check. Florida Legislature
- Ohio's House-passed 2022 clause required a physician's statement based on internal and external anatomy, testosterone and genetics for any disputed student. Ohio General Assembly · Qualifies
5. The Supreme Court now permits laws of this kind Review of the controlling court ruling
In West Virginia v. B.P.J., decided with Little v. Hecox on June 30, 2026, the Court held that states may maintain girls' sports for biological females and decide eligibility by biological sex. Rules like I-638's operative rule are in force in 28 states and have now survived federal Title IX and equal protection challenges.
Limit: The ruling decides Title IX and equal protection questions for two states' laws; it does not address verification methods or state constitutional claims, which could still be raised against I-638 in Washington courts.
Verify: West Virginia v. B.P.J., No. 24-43 (with Little v. Hecox, No. 24-38), opinion of June 30, 2026
- The Supreme Court held that states may limit girls' sports to biological females and set eligibility by biological sex. Supreme Court of the United States
6. What the No campaign means by 'most extreme' Campaign statement review
The No campaign's website says the measure is the most extreme of its kind because it targets girls with invasive genital exams to medically certify their sex, and boys are exempt. Verification of every girl is the one dimension where our comparison finds I-638 stricter than every enacted law. The genital-exam part is a reading of the text that FactHub's separate check rates False.
Limit: A campaign website is advocacy and may change; the pamphlet heading itself gives no reason.
Verify: About I-638
Common questions
“These requirements apply to girls only, boys are exempt.”
Accurate. Section 3(2) applies to a student who elects to compete in activities intended for female students only; boys' and open teams need no verification. Nebraska's law, by contrast, requires a doctor-signed document from every athlete on a boys' or girls' team.
- Every student who elects to enter female-only competition must provide a provider-signed statement verifying her sex as part of the routine sports physical; nothing comparable applies to boys' teams. Washington Secretary of State · Qualifies
- Nebraska requires every athlete on a boys' or girls' team to give the school a doctor-signed document confirming sex, without naming a basis. Nebraska Legislature · Qualifies
“Isn't I-638 the only law that makes every girl get a medical sex check?”
Short answer: Yes, among enacted laws
Yes. No enacted state law requires a provider's anatomy, genetic or hormone check of every girl. That is the No campaign's strongest point and the reason this rating is Misleading rather than False. It is one dimension of eight; on scope and enforcement, most state laws go further than I-638.
- Only Oklahoma, Utah and Nebraska require proof of sex from every athlete, and only Nebraska requires a doctor's signature; none limits a routine check to anatomy, genetics or testosterone. FactHub Research Team · Qualifies
- Nebraska requires every athlete on a boys' or girls' team to give the school a doctor-signed document confirming sex, without naming a basis. Nebraska Legislature · Qualifies
- Idaho requires a provider's statement only to resolve a dispute about a student's sex. Idaho Legislature
“A 'proposal' includes bills that never passed. Weren't any of those more extreme?”
Short answer: Some went further on disputes
Ohio's 2022 House-passed clause required a physician's statement based on internal and external reproductive anatomy, testosterone and genetics, all three, for any disputed student; it was removed in the Senate. Florida's 2021 House bill used I-638's words for disputes. We found no bill that required a check of every girl, so on that dimension I-638 still stands out.
- Ohio's House-passed 2022 clause required a physician's statement based on internal and external anatomy, testosterone and genetics for any disputed student. Ohio General Assembly · Qualifies
- Florida's House bill used I-638's verification words, but only to resolve a dispute about a student's sex. Florida Senate (bill archive) · Qualifies
“Leaving out birth certificates is what makes it extreme.”
Short answer: Unusual, but WA's can be changed
The comparison is not like for like. Eleven of the 28 laws rely on the birth certificate, and I-638 does not list it as a basis a provider may rely on. But all 11 specify the original certificate issued at or near birth, and in Washington the sex designation on a birth certificate can be changed (WAC 246-490-075, since January 27, 2018, to M, F or X): a parent may apply for a minor with a provider's statement that the change is consistent with the minor's identity, and an adult with a notarized application. A Washington birth-certificate rule would therefore test the current designation, not the sex recorded at birth; our inference, which the sponsors have not stated, is that this is why I-638 uses anatomy, genetics and testosterone instead. Fourteen laws state no method at all. FactHub rates the No campaign's 'bans parents from using birth certificates' line Misleading in a separate check.
- 14 state laws state no method, 11 use the birth certificate, and one each use a parent affidavit (Oklahoma), a doctor-signed document for all athletes (Nebraska), and a provider statement on dispute (Idaho). FactHub Research Team · Qualifies
- The provider may rely only on anatomy, genetic makeup or testosterone; a birth certificate is not a listed basis. Washington Secretary of State · Qualifies
- A parent or legal guardian may apply to change the sex designation on a minor's Washington birth certificate. Washington State Legislature (Washington Administrative Code) · Qualifies
- For a minor, a licensed provider attests that the change is consistent with the minor's identity, so a Washington certificate need not reflect biological sex. Washington State Legislature (Washington Administrative Code) · Qualifies
“I-638 reaches younger children than other states' laws.”
Short answer: Not by its text
I-638's text sets no grade floor, like 20 of the 28 laws; eight laws are limited to grade 5, 6, 7 or 9 and up. So on grades, I-638 is as broad as most and broader than eight. FactHub examines the No campaign's 'girls as young as 8' line in its genital-exam check.
- Eight state laws start at grade 5 or later; I-638's text, like 20 others, states no grade floor. FactHub Research Team · Qualifies
- The act amends only Washington's K-12 school statutes; it has no college provision. Washington Secretary of State
“Hasn't the Supreme Court blocked laws like this?”
Short answer: No
No. On June 30, 2026 the Court upheld West Virginia's and Idaho's laws under Title IX and the Equal Protection Clause. Arizona's injunction for two students was sent back to the lower courts in light of that ruling.
- The Supreme Court held that states may limit girls' sports to biological females and set eligibility by biological sex. Supreme Court of the United States
Conclusion
Whether a measure is extreme depends on what is measured, so we defined it: a measure is more extreme on a dimension if it reaches more students or schools, demands more of each athlete, or enforces harder. We coded eight such dimensions from the official text of all 28 enacted state measures (27 laws and Alaska's regulation) and of I-638. On scope and enforcement, I-638 is narrower than most. It amends only Washington's K-12 school statutes, while 25 of the 28 state measures also cover college sports. It creates no right to sue, while 24 let harmed students sue (20 with damages or full relief, four limited to injunctions or to colleges). It adds no penalty on schools, while three withhold state funds or postseason play. It does not bar girls from boys' teams, which six states also do. Like 20 of the 28, its text sets no grade floor; eight laws start at grade 5 or later. On verification, I-638 is the outlier, and that is the dimension the No campaign names. It is the only measure that requires every girl entering girls' sports to bring a health care provider's statement, and the only one that limits that check, for everyone, to reproductive anatomy, genetic makeup or testosterone. Fourteen state laws state no verification method, 11 rely on the birth certificate, Oklahoma requires an annual parent affidavit for every athlete, and Nebraska requires a doctor-signed document for every athlete, boys included, without naming a medical basis. Idaho's law uses I-638's three bases almost word for word, but only when a particular student's sex is disputed. Florida's 2021 House bill used the same words for disputes and was replaced by a birth-certificate rule before it became law. The birth-certificate comparison is not like for like. All 11 states that rely on the birth certificate specify the original certificate issued at or near birth. In Washington, the sex on a birth certificate can be changed: since January 27, 2018, WAC 246-490-075 has let an adult, or a parent for a minor, change the designation to M, F or X, and for a minor the application needs a provider's statement that the change is consistent with the minor's identity. A Washington certificate therefore shows the current designation, which may not be the sex recorded at birth. Saying that other states accept birth certificates and I-638 does not compares a document that records sex at birth with one that may not. So the claim takes one real distinction, universal medical verification of girls, and presents it as the measure being the most extreme overall. A voter reading it would likely conclude that I-638 reaches further than other states' laws in general, which the texts contradict on most dimensions. Its campaign's stated reason, that the measure targets girls with genital exams, rests on a reading our separate check rates False: the text lets a provider rely on genetics or testosterone instead. We rate the claim Misleading rather than False because the verification difference is real and the word 'extreme' can fairly be applied to it. Confidence is Moderate. The coded facts are checkable in the official texts, but how to weigh one dimension against another is a judgment, and implementing rules, which we did not review, may make some states stricter in practice than their statutes. Some codified pages could not be fetched, so a few rows rest on enrolled bill text. We found no enacted law and no bill that required a medical exam of every girl, but our search of failed bills was not exhaustive.
How we checked
- Defined the claim: whether I-638 goes further than every other U.S. measure of its kind, and defined 'extreme' as reaching more students or schools, demanding more of each athlete, or enforcing harder.
- Listed every state with a statute or state regulation limiting girls' school teams to students of female sex, checked against the Movement Advancement Project's tracker (27 laws plus Alaska's regulation).
- Read each measure's official text and coded eight dimensions: college coverage, private right of action, penalties on schools, restrictions on girls joining boys' teams, grade floor, routine proof required, provider sign-off, and the bases for verification. The coded table, the verbatim passages and the comparison script are in the dataset.
- Read I-638's filed text and compared it row by row; checked the legislative history of bills that used the same verification words.
- Read the No campaign's own explanation of the claim and the Supreme Court's June 30, 2026 opinion for legal status.
- Recorded the limits of each line of evidence, including unreviewed association rules and single-coder coding.
Editorial note: Scope: this article rates the No campaign's pamphlet heading as a comparison with other U.S. state laws and regulations of the same kind. It does not judge whether any of these laws is wise or fair. 'Stricter' in the dataset and chart is a description of reach, not of merit. Athletic-association policies that are not state law (Virginia, Pennsylvania, Wisconsin) and federal executive policy are outside the comparison. Our state coding was done by one coder and has not been double-coded. 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.
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Government
Washington Secretary of State.
Initiative Measure No. IL26-638, filed text (filed June 2, 2025)
The full text of the measure as filed; Section 3 holds the eligibility and verification rules.
Reliability: The official filed text posted by the Secretary of State. It is the measure itself; the sponsor wrote it.
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Qualifies: Every student who elects to enter female-only competition must provide a provider-signed statement verifying her sex as part of the routine sports physical; nothing comparable applies to boys' teams.
What the source says
A student who elects to participate in individual or team competition activities intended for female students only governed under subsection (1) of this section shall provide, as part of the required routine sports physical examination, a health examination and consent form or other statement signed by the student's personal health care provider that verifies the student's biological sex,
Sec. 3(2) -
Qualifies: The provider may rely only on anatomy, genetic makeup or testosterone; a birth certificate is not a listed basis.
What the source says
relying only on one or more of the following: The student's reproductive anatomy, genetic makeup, or normal endogenously produced testosterone levels.
Sec. 3(2) -
The act amends only Washington's K-12 school statutes; it has no college provision.
What the source says
AN ACT Relating to defending equity in interscholastic sports; amending RCW 28A.600.200 and 28A.640.020; adding a new section to chapter 28A.600 RCW; and creating new sections.
Title, p. 1
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Government
Idaho Legislature.
Idaho Code 33-6203, Designation of athletic teams
Idaho's 2020 Fairness in Women's Sports Act, the first such law, including its dispute-only verification clause.
Reliability: Official codified statute published by the Idaho Legislature.
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Idaho requires a provider's statement only to resolve a dispute about a student's sex.
What the source says
A dispute regarding a student's sex shall be resolved by the school or institution by requesting that the student provide a health examination and consent form or other statement signed by the student's personal health care provider that shall verify the student's biological sex.
33-6203(3) -
Qualifies: Idaho's bases are almost word for word I-638's: anatomy, genetic makeup or testosterone.
What the source says
The health care provider may verify the student's biological sex as part of a routine sports physical examination relying only on one (1) or more of the following: the student's reproductive anatomy, genetic makeup, or normal endogenously produced testosterone levels.
33-6203(3)
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Government
Idaho Legislature.
Idaho Code 33-6205, Cause of action
Idaho's private right of action for students harmed by a violation.
Reliability: Official codified statute published by the Idaho Legislature.
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Idaho lets harmed students sue for damages, including psychological harm, and attorney's fees; I-638 creates no such right.
What the source says
Persons or organizations who prevail on a claim brought pursuant to this section shall be entitled to monetary damages, including for any psychological, emotional, and physical harm suffered, reasonable attorney's fees and costs, and any other appropriate relief.
33-6205(4)
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Government
Nebraska Legislature.
LB 89 (2025), Stand With Women Act, slip law
Nebraska's 2025 law, the only enacted measure requiring a doctor-signed document from every athlete.
Reliability: Official slip law published by the Nebraska Legislature; codified section numbers were not yet available.
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Qualifies: Nebraska requires every athlete on a boys' or girls' team to give the school a doctor-signed document confirming sex, without naming a basis.
What the source says
In order to participate in an interscholastic athletic team or sport that is designated for males, men, or boys or designated for female, women, or girls … confirmation of such student's sex on a document signed by a doctor or signed under the authority of a doctor.
Sec. 4(5)
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Government
Oklahoma Legislature.
SB 2 (2022), enrolled, codified at 70 O.S. 27-106
Oklahoma's Save Women's Sports Act.
Reliability: Enrolled bill text published by the Oklahoma Legislature.
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Qualifies: Oklahoma requires a yearly parent affidavit of sex at birth for every athlete, a routine requirement but not a medical one.
What the source says
Prior to the beginning of each school year, the parent or legal guardian of a student who competes on a school athletic team shall sign an affidavit acknowledging the biological sex of the student at birth.
Sec. 1(D)
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Government
Kentucky General Assembly.
KRS 156.070
Kentucky's statute on interscholastic athletics, including its 2022 sex-designation rule for grades 6 through 12.
Reliability: Official statute text published by the Legislative Research Commission.
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Kentucky accepts a sworn affidavit from the provider who did the sports physical, but only as an alternative to the original birth certificate.
What the source says
An affidavit signed and sworn to by the physician, physician assistant, advanced practice registered nurse, or chiropractor that conducted the annual medical examination required by paragraph (e) of this subsection under penalty of perjury establishing the student's biological sex at the time of birth;
KRS 156.070(2)(g)2.b.
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Government
Georgia General Assembly.
SB 1 (2025), Riley Gaines Act, House committee substitute LC 49 2383S
Georgia's 2025 law on sex designation in school and college sports.
Reliability: Bill text published by the Georgia General Assembly; this is the House substitute that matches the enacted act as far as we could check.
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Georgia's law expressly does not authorize visual inspection of a student's external sex organs, while allowing medical records.
What the source says
Nothing in this subsection shall be construed to authorize a covered entity or an athletic association, as such term is defined in Code Section 20-2-316, to verify or confirm a student's sex through visual inspection of such student's external sex organs for purposes of participation in competitions;
O.C.G.A. 20-2-315(d)(6), lines 136-139
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Government
Florida Senate (bill archive).
HB 1475 (2021), as filed
Florida's 2021 House bill on girls' sports, whose dispute clause used the words I-638 later adopted.
Reliability: Official bill text; this version did not become law.
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Qualifies: Florida's House bill used I-638's verification words, but only to resolve a dispute about a student's sex.
What the source says
The health care provider may verify the student's biological sex as part of a routine sports physical examination by relying only on one or more of the following:
Proposed s. 1006.205(3)(c), lines 59-62
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Government
Florida Legislature.
Florida Statutes 1006.205, Fairness in Women's Sports Act
The enacted Florida law.
Reliability: Official statute text published by the Florida Legislature.
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The enacted Florida law uses the birth certificate instead of a provider check.
What the source says
a statement of a student’s biological sex on the student’s official birth certificate is considered to have correctly stated the student’s biological sex at birth if the statement was filed at or near the time of the student’s birth.
1006.205(3)(d)
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Government
Ohio General Assembly.
HB 151 (134th General Assembly), as passed by the House, June 1, 2022
Ohio House-passed bill whose girls'-sports amendment included a physician-statement dispute clause later removed in the Senate.
Reliability: Official bill text; this provision was not enacted.
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Qualifies: Ohio's House-passed 2022 clause required a physician's statement based on internal and external anatomy, testosterone and genetics for any disputed student.
What the source says
If a participant's sex is disputed, the participant shall establish the participant's sex by presenting a signed physician's statement indicating the participant's sex based upon only the following:
Proposed R.C. 3313.5318(C)
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Government
Supreme Court of the United States.
West Virginia v. B.P.J., No. 24-43 (with Little v. Hecox, No. 24-38), opinion of June 30, 2026
The Court's opinion upholding West Virginia's and Idaho's laws.
Reliability: Slip opinion of the Court; decided 6-3 on equal protection.
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The Supreme Court held that states may limit girls' sports to biological females and set eligibility by biological sex.
What the source says
Consistent with Title IX and the Equal Protection Clause, we hold that the States may maintain women's and girls' sports for biological females.
Opinion of the Court, conclusion
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Advocacy group
Movement Advancement Project.
Bans on transgender youth participation in sports (data as of October 22, 2026)
A state-by-state tracker of these laws, used as a completeness check.
Reliability: MAP is an LGBTQ-rights think tank that opposes these laws; we used only its list of states, which matches our count of 27 laws.
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The tracker marks 27 states with this description, matching our list of state laws before Alaska's regulation is added.
What the source says
State law bans transgender students from participating in sports consistent with their gender identity
State map entries (27 states)
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Party to the dispute
No Hate in WA State.
About I-638
The No campaign's explanation of its arguments.
Reliability: Has a stake in this finding. The committee opposing I-638, which wrote the No argument in the voters' pamphlet.
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Qualifies: The No campaign says the measure is the most extreme because it targets girls with genital exams to certify their sex and exempts boys.
What the source says
This is the most extreme MAGA measure of its kind in the country because it targets girls with invasive genital exams to medically certify their sex. Boys are completely exempt from this requirement
Section headed by that sentence
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FactHub record
FactHub Research Team.
State laws compared with I-638: strictness by dimension (saved analysis)
Our count, for eight dimensions, of state measures stricter than, the same as, or looser than I-638.
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25 of the 28 enacted state measures also cover college sports; I-638 does not.
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24 of the 28 let harmed students sue (four of them only for injunctions or only at colleges); I-638 creates no right to sue.
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Qualifies: Eight state laws start at grade 5 or later; I-638's text, like 20 others, states no grade floor.
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Qualifies: Only Oklahoma, Utah and Nebraska require proof of sex from every athlete, and only Nebraska requires a doctor's signature; none limits a routine check to anatomy, genetics or testosterone.
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FactHub record
FactHub Research Team.
How state K-12 laws determine sex (saved analysis)
Our count of state measures by verification method.
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Qualifies: 14 state laws state no method, 11 use the birth certificate, and one each use a parent affidavit (Oklahoma), a doctor-signed document for all athletes (Nebraska), and a provider statement on dispute (Idaho).
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Government
Washington State Legislature (Washington Administrative Code).
WAC 246-490-075, Changing sex designation on a birth certificate (WSR 18-02-048, effective January 27, 2018)
The Department of Health rule that lets the sex designation on a Washington birth certificate be changed.
Reliability: The official text of a Department of Health rule, as published in the Washington Administrative Code.
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Qualifies: A parent or legal guardian may apply to change the sex designation on a minor's Washington 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.
WAC 246-490-075(3) -
Qualifies: For a minor, a licensed provider attests that the change is consistent with the minor's identity, so a Washington certificate need not reflect biological sex.
What the source says
The sex designation change application of a minor must include a signed statement by the minor's licensed health care provider attesting that: (a) The minor identified on the application is under the care of the provider; and (b) The provider has determined the request to change sex designation on the birth certificate is consistent with the minor's identity.
WAC 246-490-075(7)
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FactHub dataset
Initiative 638: the campaigns' claims in their own words
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Vote No Because It's the Most Extreme Proposal of Its Kind In The U.S
Committee for the argument against Initiative IL26-638 (Justin Gill, APRN, and five co-authors), Authors of the official voters' pamphlet argument against IL26-638, · In the dataset -
These requirements apply to girls only, boys are exempt.
Committee for the argument against Initiative IL26-638 (Justin Gill, APRN, and five co-authors), Authors of the official voters' pamphlet argument against IL26-638, · In the dataset
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FactHub dataset
State laws on girls' school sports eligibility, compared with Washington's I-638
Tables: state-laws
Saved analysis strictness-vs-i638; table state-laws
- FactHub chart i638-vs-state-laws-by-dimension
Update history
- First version.
- Version 2. Added Washington's rule (WAC 246-490-075, effective 2018) letting the sex designation on a birth certificate be changed, where the article compares states that rely on birth certificates: those states name the original certificate, and in Washington a birth-certificate rule would not track biological sex. Updated links to the birth-certificate and world-policies checks.
- Updated related links to the final versions of sibling articles.
- Said plainly in the conclusion and the birth-certificate objection that the birth-certificate comparison is not like for like: all 11 birth-certificate states specify the original certificate issued at or near birth, while a Washington certificate's sex designation can be changed (WAC 246-490-075, since 2018; M, F or X; for minors with a provider's statement). Updated related links to the final versions of sibling articles. No change to the claim or rating.
Cited by
- Article Few mainstream I-638 news stories reported the facts that answer opponents
- Article Girls' sports participation rose in states that passed laws like I-638.
- Article Individuals fund most of I-638's Yes side; a foundation and unions fund No.
- Article Initiative 638 requires sex verification for girls, not an invasive exam.
- Article The Yes campaign's 269 girls'-event placements check out, from ten athletes.
- Article Washington's rules let transgender girls compete in girls' school sports.
- Briefing I-638: what it does, and what each side claims
Version details
The exact citing versions, and the version of this article each cites.
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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
wa-i638-officials-exam-claims— version 3 (published)cites version 4 -
Article
wa-i638-girls-event-placements— version 5 (published)cites version 4 -
Article
wa-i638-current-rules— version 4 (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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