The Quilcene School Board’s resolution to ban transgender athletes from participating in sports based on their gender identity has drawn responses from both the American Civil Liberties Union (ACLU) and the state Office of Superintendent of Public Instruction. 

The May 7 vote, passed with a narrow 3-2 margin, raised questions about the resolution’s legality and its potential conflict with state law. 

Board members in favor of the ban said the resolution fell in line with President Donald Trump’s federal ban — those against it called it immoral, illegal and a waste of the board’s time. 

Before the vote, the district’s legal counsel, Curtis Leonard, warned that the board would likely face litigation if the resolution passed. He reminded the board of the state’s laws against discrimination, which include protections based on gender identity and gender expression. 

The resolution also conflicts with the Quilcene school district’s nondiscrimination statement posted on its website. It states: “The Quilcene School District does not discriminate in any programs or activities based on sex, race, creed, religion, color, national origin, age, veteran or military status, sexual orientation, gender expression or identity…”

Two weeks after the vote, on May 21, Washington’s American Civil Liberties Union (ACLU) sent a letter to each school board member saying in part: “We write to express our grave concerns regarding the Quilcene School Board’s recent resolution that bans transgender athletes from participating in sports based on their gender identity. This resolution is inequitable, discriminatory and untenable. Moreover, this resolution likely violates Washington’s anti-discrimination laws, as well as violates the Office of Superintendent Public Instruction’s “Gender-Inclusive Schools” policy.”

The ACLU is requesting all “written communications and documents sent or received by Quilcene School Board members regarding this policy.” 

State Superintendent Chris Reykdal made his position on the topic clear back in February following the federal ban. 

“My office will enforce our current laws as we are required to do until Congress changes the law and/or federal courts invalidate Washington state laws,” Reykdal wrote. “Unless, and until that happens, we will be following Washington state’s laws, not a president’s political leanings expressed through unlawful orders.”

Reykdal’s executive assistant, Amber Palmer, wrote, “OSPI can confirm we have been in contact with Quilcene School District and have shared our expectation that they must follow state law.”

OSPI declined to comment further. 

Quilcene Superintendent Ron Moag, Board President Shona Davis, and board members Ron Frantz, Jon Cooke and Jim Hodgson did not respond to a request for comment on OSPI or the ACLU’s correspondence. 

Board member Viviann Kuehl, who opposed the resolution, responded. “Our policy states that only the board chair (or vice chair in the chair’s absence) can speak for the board,” wrote Kuehl. “To be very clear, our oath of office requires that we uphold the Constitution and the laws of the country and the state of Washington and our board policies. I am honoring that oath.”