The Quilcene school board passed a resolution to ban transgender athletes from competing in school sports at its May 7 meeting, in violation of both state anti-discrimination laws and existing athletic policies while aligning with an executive order of President Donald Trump.

Three board members — Shona Davis, Jim Hodgson and Ron Frantz — voted in favor of the resolution, while two — Viviann Kuehl and Jon Cooke — voted against it. 

“I am definitely opposed to this,” Kuehl said. “I think it is immoral, and I am ashamed to have our board do it.”

The resolution establishes that sports eligibility will be based solely upon the students’ sex assigned at birth, and that the board will review the resolution annually, “to ensure that it continues to comply with federal and Title IX that serves the best interest of all students.” It aligns with an executive order issued by President Donald Trump that asserts that eligibility for women’s sports should be based on biological sex, not gender identity.

The resolution states that it will take effect immediately and that the board will take the “necessary steps to implement the beliefs above.” 

Legal counsel Curtis Leonard reminded the board of Washington state’s law against discrimination, which includes protections based on gender identity and gender expression. He also advised that the law has been on the books since 2006. 

“The board should be very careful related to any action on this you take here because it could result in litigation,” Leonard said. 

Leonard, who attended the meeting at the request of the Quilcene superintendent, offered to discuss further the resolution’s legality with the board in an executive session before it was passed, but they declined.  

The resolution also goes against 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…” 

Federally, Title IX prohibits sex-based discrimination in federally funded education programs.

Some interpret Title IX to include protections based on gender, while others don’t.

Whether or not the executive order supersedes state protections against discrimination based on gender identity is the subject of legal disputes. 

In April, the U.S. Department of Education announced it would investigate the state Office of Superintendent of Public Instruction for its enforcement of the state’s nondiscrimination law. 

“Washington public schools have a responsibility to provide a safe and nondiscriminatory environment for all students, including transgender and gender-expansive students, so that all students can thrive,” wrote State Superintendent Chris Reykdal in response to the investigation. 

“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.”

“It comes down to we know that the students are going to be faced at the college level with NCAA rules that follow this explicitly. Boys will play in boys’ sports, and girls will play in girls’ sports,” Hodgson said at a March meeting of the board. “That’s the reality in the sporting world.” 

At the time, the board largely supported the resolution, but vowed to postpone a vote until the Washington Interscholastic Activities Association, which governs school sports, voted on related amendments to its handbook, seemingly so they could follow its lead.

Those amendments — one to limit participation in girls’ sports to “biological females and the other to create a third, open division for student-athletes — were voted down by the WIAA’s representative assembly on April 18. Even if they had passed, the WIAA’s amendments would only be advisory.