Washington Organizations and Attorney General Sue Federal Government Over Transgender Policies
Rep. Pramila Jayapal Hosts Community Forum
Deadline Nears for Washington's February Special Election Ballots
A number of stakeholders in Washington State have sued the federal government in light of President Donald Trump's executive orders targeting transgender communities. Among them are three executive orders that ban transgender individuals from participating in the military, ban transgender athletes from women's sports, and cut federal funding for care for transgender youth.
All of them build on the executive order he signed during his first day in office, "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government," which declared federal acceptance of only two genders: "women that are biologically female and men that are biologically male."
On Jan. 27, Trump signed his executive order "Prioritizing Military Excellence and Readiness," which alleges that the "Armed Forces have been afflicted with radical gender ideology to appease activists unconcerned with the requirements of military service like physical and mental health, selflessness, and unit cohesion." It claims that the those who express "a false 'gender identity' divergent from an individual's sex cannot satisfy the rigorous standards necessary for military service," going on to state that identifying as a different gender does not show humility or selflessness, and that hormonal or surgical medical interventions are dishonorable, untruthful, and undisciplined.
The intention of the executive order is to bar transgender individuals or those who identify with a gender different than that given to them by birth from military participation. The Seattle-based human rights organization Gender Justice League is now suing the Trump administration, in a case filed by the LGBTQ+ advocacy groups Human Rights Campaign and Lambda Legal. The case was filed last Thursday in the U.S. District Court for the Western District of Washington, and it is expected to join a number of legal challenges across the U.S. that are likely to delay the implementation of the executive order. Another high-profile lawsuit was filed in the U.S. District Court for the District of Columbia by GLBTQ Legal Advocates & Defenders (GLAD Law) and the National Center for Lesbian Rights.
Joining Gender Justice League as plaintiffs are six openly transgender service members who have served in the military for years, including three senior officers and three senior enlisted service members. The remaining plaintiff is one who seeks to enlist to "serve his country and escape generational poverty."
The lawsuit alleges, "By categorically excluding transgender people, the 2025 Military Ban and related federal policy and directives violate the equal protection and due process guarantees of the Fifth Amendment and the free speech guarantee of the First Amendment. They lack any legitimate or rational justification, let alone the compelling and exceedingly persuasive ones required. Accordingly, Plaintiffs seek declaratory, and preliminary and permanent injunctive, relief."
Trump's Feb. 5 executive order "Keeping Men Out of Women's Sports" seeks to bar transgender athletes from participating in women's sports. Building upon the federal government's recent assertion that only two gender identities exist — male and female — the executive order states, "In recent years, many educational institutions and athletic associations have allowed men to compete in women's sports. This is demeaning, unfair, and dangerous to women and girls, and denies women and girls the equal opportunity to participate and excel in competitive sports."
The executive order calls upon, and gives power to, a number of government agencies to implement it. These include the Department of Justice, which will offer resources to all executive departments and agencies, which are asked to "review grants to educational programs and, where appropriate, rescind funding to programs that fail to comply with the policy established in this order," and to punish institutions that violate the policy in the eyes of the Trump administration.
In some interpretations of the law, the executive order conflicts with Title IX, which was enacted in 1972 and prohibits sex-based discrimination in schools or educational programs that receive federal funding. In other interpretations of the law, however, the federal government may manage to stay within the bounds of Title IX by redefining gender completely.
Washington State Superintendent of Public Instruction Chris Reykdal issued a statement last Thursday that stated that the federal policy stood in direct conflict with state law, including the Washington Law Against Discrimination, and that they would be working closely with the attorney general's office to determine next steps. Reykdal wrote, "One thing is clear: The 47th President of the United States is disregarding the rule of law by attempting to unilaterally impose an attack on the specific student groups that anti-discrimination laws aim to protect."
Trump's executive order also seeks to mold policies by organizations that operate outside of the United States, including the United Nations and the International Olympic Committee (IOC), as it makes preparations for the 2028 Summer Olympics. Trump told Secretary of State Marco Rubio to convey these messages to the IOC, saying, "America categorically rejects transgender lunacy. We want them to change everything having to do with the Olympics and having to do with this absolutely ridiculous subject."
Signed on Jan. 28, Trump's Executive Order "Protecting Children from Chemical and Surgical Mutilation" posits youth sex change as "mutilation" that is done under "radical and false claims" toward "vulnerable youth." The executive order prohibits a child's use of puberty blockers, sex hormones, or surgical procedures that are currently widely known as "gender-affirming care."
On Friday, Washington Attorney General Nick Brown joined attorney generals in Oregon and Minnesota, as well as three physicians, in challenging the federal order with a lawsuit. The lawsuit alleges that the executive order is "blatantly unconstitutional" and stresses that gender-affirming care is medically appropriate and necessary for the short-term and long-term well-being of trangender youth.
It goes on to state, "The Order has already, and will continue, to limit physicians' ability to treat patients' gender dysphoria, as well as the unavoidable, grave harm to the health and wellbeing of transgender youth if they are prohibited from receiving necessary medical care, including debilitating anxiety, severe depression, self-harm, and suicide that can accompany untreated dysphoria."
Trump's executive order was designed to immediately cut off federal funding to hospitals and service providers that offer care for transgender youth seeking gender-affirming care, as well as funds for related research and education. The lawsuit alleges that the funding changes would also impact "over one billion dollars … used to research and treat hundreds of conditions having nothing to do with gender-affirming care, including cancer, AIDS, diabetes, substance use disorder, mental health conditions, autism, aging, cardiovascular diseases, maternal health, and so much more."
A week after the signing of the executive order, Seattle Children's Hospital made headlines when it postponed a number of gender-affirming surgeries for individuals under the age of 19 — despite the fact that many of the surgeries had been in the planning stages for years. One 16-year-old's surgery was canceled the evening before it was slated to occur.
Last week, Seattle Children's Hospital was met with multiple days of protest against its decisions. The hospital has not released details about further scheduling of impacted gender-affirming surgeries but has stated its support forBrown's case.
In a statement to The Seattle Times, the hospital wrote, "Given the uncertainty surrounding the order's legal authority, we are seeking clarity to safeguard the best interests of Seattle Children's patients and families, and our workforce, so we can continue to deliver on our mission. We remain committed to caring for our patients and families who need us and engaging in life-changing research, while ensuring we operate within all applicable laws."
Washington State Rep. Pramila Jayapal will be hosting a community forum on Feb. 18 centered around "Coming Together, Building Resilience, and Uniting for Change." The event offers an opportunity for citizens to hear from Jayapal and other local leaders in a panel discussion, regarding what they are doing on a national level in the context of actions from the new Trump administration. The event will also be paired with booths from community partners doing work aligned with the values of Jayapal.
The community forum takes place on Tuesday, Feb. 18, 2025, from 6 p.m. to 7:30 p.m. at Town Hall Seattle (1119 8th Ave.), with doors opening at 5:30 p.m. The event has presently reached capacity, but interested parties can still be added to the waitlist by signing up on the RSVP form.
All questions can be directed to Jayapal's office at 206-674-0040 or WA07_Outreach@mail.house.gov.
Citizens in 32 counties throughout Washington State can participate in the February special election this year. According to Washington's Secretary of State, over 80 measures are on the ballots across 65 districts. In South King County, measures can include school levies in Seattle, payroll expense taxes in Seattle to fund a social housing developer, and labor standards for employers in Burien.
To vote, turn in ballots to ballot boxes or vote centers by 8 p.m. tomorrow or mail in your ballot and have it postmarked by Feb. 11.
If you have any questions about voting or need help to vote, special voting equipment and trained staff are available to answer questions about voting at vote centers throughout the state.
Once you turn in your ballot, you can go to VoteWA.gov or text "VOTE" to 868392 to subscribe to receive text updates about your ballot status.
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