OLYMPIA—President Trump signed an executive order on Wednesday, January 5, which would prohibit transgender women and girls from participating in women’s sports. This order could also block transgender athletes from entering the country for the 2028 Olympics.
The order directs the Department of Education, of which Trump seeks to eliminate, from carrying out “enforcement actions” while calling on the Department of Homeland Security and State to police transgender athletes’ participation.
“Due to my executive order, which I proudly signed yesterday, the NCAA has officially changed their policy of allowing men in women’s sports — it is now banned,” wrote President Trump. “This is a great day for women and girls across the country. Men should have never been allowed to compete against women in the first place, but I am proud to be the President to save women’s sports.”
Trump’s order amends the Biden Administration’s Title IX civil rights law which prevents sex-based discrimination in education programs and activities which receive federal funding. This guidance required schools to allow transgender students to participate in activities, and use school-based facilities such as restrooms, that align with their gender identities. However, Trump’s order will not only remove this requirement but prohibit those who were assigned male at birth from participating in female activities or using female restrooms.
Under Washington state law, Chapter 49.60 RCW, it is illegal to discriminate on the basis of sexual orientation, gender identity, or sex, among other things such as race, religion, disabilities, and so on.
The Washington Office of Superintendent of Public Instruction (OSPI) also has existing guidance says that, under this law, schools “are required to allow all students, including transgender and nonbinary students, the opportunity to participate on the interscholastic sports team that most closely aligns with their gender identity.”
According to Katy Payne, Chief Communications Officer for the OSPI, the office is working closely with the Washington Attorney General’s Office on this matter and expects to publish guidance for school districts sometime either today or Monday.
“We’re still tracking developments and are limited in what we can say in terms of providing legal advice or analysis,” Mike Faulk, Deputy Communications Director for the Washington Attorney General’s Office told the Lynnwood Times. “We’ve recommended WIAA, college-level sports, and other state-level athletic bodies seek advice from their legal counsel about the implications of this EO.”
The Washington Interscholastic Activities Association (WIAA) is the governing body for athletics and activities in secondary education schools across the state of Washington. It serves nearly 800-member high schools and middle/junior high schools, both public and private, divided into six geographic service districts.
WIAA, a certified 501(c)(3) nonprofit, receives little to no financial support from the State of Washington nor federal tax dollars. A spokesperson informed the Lynnwood Times that they were following the AG Office’s advice in conducting extensive legal review before its policies change.
“The WIAA remains committed to following Washington state law. The interpretation of state law in conjunction with legal review, including how the Association’s gender-identity participation policies align with state law, has yet to change,” said Sean Bessette with the WAII. “Until the Association sees full language of the executive order and conducts further legal review, its impact on participation in Washington public schools is unknown. The WIAA will continue to work with OSPI and the Attorney General’s Office on remaining in compliance with the law.”
President Trump has signed six executive orders related to transgender issues:
- Executive Order on Gender Definition (January 20, 2025):
- Defines gender strictly as male or female at birth, rejecting transgender, nonbinary, and intersex identities. This order aims to reflect this definition on official documents like passports and in federal prison assignments.
- Order Restricting Gender-Affirming Care for Minors (January 28, 2025):
- Aims to cut federal support for gender transitions for people under 19. It prevents federal funding, sponsorship, or promotion of gender transition procedures, including through insurance programs like Medicaid and TRICARE.
- Order on Transgender Athletes (February 5, 2025):
- Bans transgender girls and women from participating in female sports teams, mandating that Title IX be interpreted to prohibit this participation. Schools not complying could lose federal funding.
- Order on Transgender Military Service (January 27, 2025):
- Directs the Pentagon to formulate a policy on transgender service members based on readiness concerns, suggesting that transgender identity conflicts with military standards.
- Order to Dismantle Diversity, Equity, and Inclusion (DEI) Programs (January 20, 2025):
- While not exclusively targeting transgender issues, this order impacts broader protections and policies that include transgender rights, by ending federal DEI initiatives.
- Order on Education Curriculum (January 30, 2025):
- Directs federal monitoring of K-12 education curriculum with a focus on eliminating what it terms “indoctrination” based on “gender ideology,” targeting schools’ support for transgender students.
On February 7, Washington Attorney General Nick Brown held a press conference at the Attorney General’s Seattle Office to announce that his office has filed a lawsuit challenging the President’s order, which the Attorney General called “illegal” and “dehumanizing.”
The Attorney General’s Office further called for an emergency restraining order to halt the President’s order to avoid “further harm.”
In Washington Attorney General Brown’s declarations in support of his filed complaint, families and providers believe this order will result in harm and death for trans youth.
Speaker Laurie Jinkins (D-Tacoma) and Senate Majority Leader Jamie Pedersen (D-Seattle) applauded Attorney General Nick Brown’s legal challenge to President Donald Trump’s executive order with the following joint-statement:
“We want to thank Attorney General Nick Brown for his leadership and protecting Washington values by standing up to another attempt by the president to illegally discriminate against transgender people and medical professionals in our country.
“Trans people and their families will not be erased. We stand behind the attorney general’s efforts to defeat the president’s latest unlawful action.
“This attempt to erode the rights of an entire group of people is not only unconstitutional, it goes against who we are as a state. Washington has a strong tradition of protecting our most vulnerable residents. We will not back down when challenged. We will fight to protect our people and our way of life.
“While the Trump Administration will continue to promote chaos, AG Brown is hard at work protecting vulnerable communities at the federal level, and we will be hard at work on the same things here at home.”
Author: Kienan Briscoe
One Response
Keep TRANSGENDERISM away from kids and out of our schools! My poor daughter was harrassed by a MALE in the females bathroom at our school outside JBLM. The school sided with the bearded MAN in the FEMALE bathroom!