In a significant shift for two traditionally blue states, voters in Washington and Colorado have passed ballot measures to implement transgender athlete bans in school sports. These results represent a rare instance of conservative-backed policies winning support in states where Democratic leadership has previously resisted such restrictions.
Washington Approves Measure 638
In Washington state, Measure 638 passed with more than 56% of the vote. This new law prohibits students who were assigned male at birth from participating in athletic programs specifically designated for female athletes.
Beyond the participation ban, the measure introduces a verification process. Athletes who wish to compete in female sports categories will now be required to provide a formal statement from a health care provider to verify their gender.
Colorado Passes Proposition 134
Colorado voters approved Proposition 134 with 52% support, signaling a change in how the state handles gender in educational athletics. The proposition mandates that all athletic associations and educational institutions categorize their sports as male, female, or coed.
Key components of the Colorado measure include:
* Restricting athletes to sports teams that align with their gender assigned at birth.
* Standardizing gender categories across all state-sanctioned school sports.
* Bypassing previous legislative decisions by taking the issue directly to the voters.
Arizona and Nebraska Expand Restrictions
While Washington and Colorado represent new territory for these policies, voters in Arizona and Nebraska also moved to strengthen existing rules. In Arizona, Proposition 318 passed to expand a 2022 law. This measure now bars transgender girls from female sports in all schools and athletic associations, not just public ones.
Arizona’s new law also requires that an athlete's sex be determined by their birth certificate and limits access to bathrooms and private spaces based on birth-assigned gender. Furthermore, the proposition grants athletes the right to sue schools or associations that do not comply with these expanded restrictions.
In Nebraska, Measure 442 was approved to codify an existing ban into the state constitution. This ensures that sports remain designated as male, female, or coed, with a permanent prohibition against students assigned male at birth participating in female sports.
National Context and Legal Challenges
These state-level votes occur alongside federal shifts. Former President Donald Trump previously signed an executive order titled “Keeping Men Out of Women’s Sports,” which directed federal agencies to interpret Title IX protections based on gender assigned at birth. Currently, more than half of the states in the U.S. have some form of restriction on transgender athletes.
However, not all similar measures have succeeded. In Missouri, voters rejected Amendment 3, which sought to ban gender-transition treatments for minors while also addressing abortion rights. Additionally, a county-level ban in Nassau County, New York, was recently overturned by an appeals court.
Duke Law School professor Doriane Lambelet Coleman noted that these results reflect a disconnect between state officials and their constituents. “This was always coming because politicians in those states have been ignoring their constituencies on the ground,” Coleman stated regarding the blue-state results.
On the other side of the debate, GLAAD President and CEO Sarah Kate Ellis argued that the focus on these issues is politically motivated. “The reality is undeniable: fearmongering about transgender people is a losing strategy,” Ellis said in a statement following the election results.
Frequently Asked Questions
What does Washington Measure 638 require for female sports?
It bans students assigned male at birth from female sports and requires a health care provider's statement to verify an athlete's gender.
How does Colorado Proposition 134 change school sports?
It requires schools to label sports as male, female, or coed and limits participation based on the gender an athlete was assigned at birth.
What are the new rules for transgender athletes in Arizona?
Proposition 318 extends sports bans to all schools and associations, restricts bathroom usage to birth-assigned gender, and allows for lawsuits against non-compliant institutions.