Seattle’s school board unanimously authorized potential legal action Monday against a voter-approved measure barring biological males from girls’ school sports. (Credit: Seattle Public Schools)
Washington Democrat AG hands girls’ sports law defense to outside firm amid conflict of interest concerns
by Jackson Thompson · Fox NewsWashington Attorney General Nick Brown has appointed an outside law firm to defend a voter-approved measure barring biological males from girls’ school sports, while his office continues its work defending transgender rights.
Brown announced Thursday that Bryan Cave Leighton Paisner will represent Washington in defending Initiative 638, which voters approved in the Nov. 3 election.
"My personal views do not dictate what laws get defended or the strength of that defense," Brown said.
Brown described defending voter-enacted laws as a core responsibility. He also pointed to his office’s litigation protecting transgender residents’ health care and equal treatment, saying that work would continue.
He said appointing outside attorneys as special assistant attorneys general is a common practice when conflicts, expertise needs or workload prevent the office from handling a case itself. Brown described BCLP as an experienced firm with a substantial Washington presence that has previously represented the state.
The announcement follows questions from Fox News Digital about how Brown’s office would handle the defense, including connections between his office and organizations challenging the initiative.
"When a new law is passed by the people or the Legislature, our role is to ensure it is defended regardless of our personal views about the policy. We will review court filings as they come and discuss next steps," the office previously told Fox News Digital.
When asked follow-up questions, the office said it was discussing its next steps and reiterated its obligation to ensure the law is defended.
Brown’s former law firm, Pacifica Law Group, is among the organizations representing the challengers, alongside the ACLU of Washington and Legal Voice.
The groups filed a lawsuit in King County Superior Court on Monday seeking to block the initiative before its scheduled Dec. 3 effective date. Plaintiffs include families with children participating in school sports, the Washington Education Association and TransFamilies.
Opponents argue the restrictions and sex-verification requirements violate state constitutional protections, including privacy and equal rights. They contend the requirements could expose girls to intrusive examinations and exclude transgender students from opportunities available to their classmates.
The initiative requires school districts and covered athletic associations to prohibit biological males from competing with or against female students in competitions designated for girls.
Students seeking to participate in those competitions must provide a form or statement signed by their personal health care provider verifying biological sex as part of their routine sports physical. The verification must rely on reproductive anatomy, genetic makeup or naturally produced testosterone levels.
The text does not require every student to undergo a genital examination. Its findings describe using the existing sports-physical process to protect fairness, safety and competitive balance in female athletics.
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The measure had approximately 56% support in returns displayed by Fox News’ election results page Friday.
The court fight also comes as Seattle education officials pursue their own response. The Seattle School Board voted 7-0 Monday to authorize potential legal action concerning the measure.
Board members argued the district needed courts to clarify its obligations under the initiative and existing protections involving privacy and discrimination.
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"We can’t say we’re respecting democracy if we treat the most recent vote as a reason to ignore all the other laws that are on the books," board member Joe Mizrahi said during the meeting.
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That authorization was separate from the lawsuit brought by the civil rights groups and did not itself block the initiative.
Jackson Thompson is a sports reporter for Fox News Digital covering critical political and cultural issues in sports, with an investigative lens. Jackson's reporting has been cited in federal government actions related to the enforcement of Title IX, and in legacy media outlets including The New York Times, The Los Angeles Times, The Philadelphia Inquirer, The Associated Press and ESPN.com.