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OLYMPIA—June 30, 2026—Today, the U.S. Supreme Court issued decisions in cases regarding birthright citizenship and state bans on transgender girls’ participation in school-based athletics in alignment with their gender identity.
In Trump v. Barbara, the Court upheld the long-settled understanding of the 14th Amendment, which extends U.S. citizenship to all individuals born in America, regardless of their parents’ citizenship status.
In West Virginia v. B.P.J. and Little v. Hecox, the Court upheld the right of states to ban transgender girls from participating in school-based athletics in alignment with their gender identity—effectively also upholding the right of states to allow students to participate in athletics in alignment with their gender identity.
Washington state law has robust protections against discrimination for public school students, which has included discrimination based on gender identity for two decades. These protections fit within the scope of what is allowed by federal law and today’s ruling.
“Today’s decision reinforces Washington state’s ability to adopt and implement our own laws in alignment with our values,” said State Superintendent Chris Reykdal. “Our Legislature has been clear: All students are welcome here.”
While the Court’s decision does not impact Washington law, Initiative Measure IL26-638, which will be decided by Washington voters this fall, aims to institute a state ban on the right for transgender girls to participate in girls sports.
While the Office of Superintendent of Public Instruction (OSPI) does not oversee athletics in our state, the office is responsible for communicating, upholding, and enforcing the law. Superintendent Reykdal will continue to uphold Washington’s law unless or until the law changes. Should voters pass IL26-638 this November, it is likely to be challenged in court. OSPI will continue to communicate any changes to state law.
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