Washington AG's office indicates it will defend girls' sports ballot measure after ACLU sues to block it
Washington Attorney General Nick Brown’s office indicated it will fight to uphold a new voter-approved measure barring biological males from girls’ school sports, after the ACLU of Washington and other groups announced a lawsuit to block the measure.
"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," Brown’s office told OutKick.
However, the lawsuit to challenge the initiative involves Brown’s former law firm, a teachers union that supported his campaign and the former employer of his policy director. His office reiterated its position when OutKick asked follow-up questions about those connections and how the defense would be handled.
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"We’re discussing next steps and do not have more to add to the previous comment at this time. Again, 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," the office said.
The responses did not identify who would lead the defense or say whether the office had evaluated recusal or screening measures concerning those relationships.
Pacifica Law Group, where Brown previously served as a partner, is representing the Washington Education Association in the challenge, according to the Northwest Progressive Institute’s account of the filing.
Brown worked as a Pacifica partner from 2017 to 2021 before accepting President Joe Biden’s appointment as U.S. attorney for Western Washington, according to the firm. He returned in June 2023, and Pacifica identified him as a partner when it announced his election as attorney general in November 2024.
The Washington Education Association endorsed Brown’s 2024 campaign, according to Transparency USA.
The union’s political action committee was also among Brown’s campaign donors, according to The Spokesman-Review’s 2024 candidate profile, which cited Washington Public Disclosure Commission information. The profile did not specify the contribution amount.
Brown’s policy director, Enoka Herat, previously served as the ACLU of Washington’s policing and immigration policy program director.
Brown, a Democrat, also has a record of supporting transgender students’ participation in girls’ sports.
On Oct. 31, 2025, he led a coalition of attorneys general in filing an amicus brief supporting Minnesota’s policy in Female Athletes United v. Keith Ellison. The coalition urged the 8th U.S. Circuit Court of Appeals to deny an emergency injunction that would have barred transgender students from most girls’ sports.
"I believe strongly in protecting the rights of all Washington kids—including transgender youth," Brown said in his office’s announcement of that amicus brief.
He argued that sports participation benefits children’s physical and emotional well-being and that excluding students based on gender identity perpetuates discrimination.
The lawsuit challenging Washington’s initiative was filed Monday in King County Superior Court. Plaintiffs include TransFamilies, the Washington Education Association and parents of transgender and nontransgender students who participate in girls’ sports.
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The challengers argue the initiative violates state constitutional privacy protections and anti-discrimination law.
"Initiative 638 seeks to deny transgender girls equal opportunities simply because of who they are. It is discrimination, and it threatens all girls who play sports at school," the ACLU said in its announcement.
Let’s Go Washington, the organization behind the initiative, disputed the lawsuit’s claims Tuesday and argued existing sports physicals could satisfy the medical verification requirement.
Brown’s office also said it does not serve as legal counsel to the Washington Interscholastic Activities Association or local school districts.
"We don’t speculate on hypothetical events. Also, we only provide legal guidance to our state agency clients, which do not include WIAA or local school districts. We advise the state Office of the Superintendent of Public Instruction, and any such conversations would be attorney-client privileged," the office said.