Washington AG’s office indicates it will defend girls’ sports ballot measure after ACLU sues to block it

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Attorney General Nick Browns office indicated it will fight to uphold a new voter-approved measure barring biological males from girls school sports, after the ACLU of Washington and other groups announced a lawsuit to block the measure.

“When a new law is passed by the people or the Legislature, our role is to ensure it is defended regardless of our personal views about the policy. We will review court filings as they come and discuss next steps,” Browns office told OutKick.

However, the lawsuit to challenge the initiative involves Browns former law firm, a teachers union that supported his campaign and the former employer of his policy director. His office reiterated its position when OutKick asked follow-up questions about those connections and how the defense would be handled.

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“Were discussing next steps and do not have more to add to the previous comment at this time. Again, when a new law is passed by the people or the Legislature, our role is to ensure it is defended regardless of our personal views about the policy,” the office said.

The responses did not identify who would lead the defense or say whether the office had evaluated recusal or screening measures concerning those relationships.

Pacifica Law Group, where Brown previously served as a partner, is representing the Washington Education Association in the challenge, according to the Northwest Progressive Institutes account of the filing.

Brown worked as a Pacifica partner from 2017 to 2021 before accepting President Joe Bidens appointment as U.S. attorney for Western Washington, according to the firm. He returned in June 2023, and Pacifica identified him as a partner when it announced his election as attorney general in November 2024.

The Washington Education Association endorsed Browns 2024 campaign, according to Transparency USA.

The unions political action committee was also among Browns campaign donors, according to The Spokesman-Reviews 2024 candidate profile, which cited Washington Public Disclosure Commission information. The profile did not specify the contribution amount.

Browns policy director, Enoka Herat, previously served as the ACLU of Washingtons policing and immigration policy program director.

Brown, a Democrat, also has a record of supporting transgender students participation in girls sports.

On Oct. 31, 2025, he led a coalition of attorneys general in filing an amicus brief supporting Minnesotas policy in Female Athletes United v. Keith Ellison. The coalition urged the 8th U.S. Circuit Court of Appeals to deny an emergency injunction that would have barred transgender students from most girls sports.

“I believe strongly in protecting the rights of all Washington kids—including transgender youth,” Brown said in his offices announcement of that amicus brief.

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