ACLU sues Washington to prevent 'Parents' Bill of Rights' from becoming law

A group of rights organizations filed a lawsuit against Washington state on Thursday to block a highly controversial ballot initiative from taking effect next month.

The organizations say the measure, Initiative 2081, conflicts with youth privacy laws and could “harm LGBTQ+ students, youth of color, and students from other marginalized backgrounds,” according to a press release . A court hearing on the lawsuit could take place next week.

I-2081 was one of three Republican-backed ballot initiatives approved by the House in March. It is known as the “Parents’ Bill of Rights” and outlines more than a dozen rights for parents to oversee their children’s education and school medical records.

At the time, Democratic lawmakers who decided to vote for the measure said they supported parental involvement in their children’s education, but were concerned the measure might not does not fit well with existing education policy. A legislative staff analysis showed that much of the language in I-2081 is duplicate, or in some cases less specific, than state and federal regulations regarding parental access to school materials and student records — and some lawmakers interpreted that to mean the measure would not do that. t radically change current practices.

Several lawmakers pledged to closely monitor the implementation of I-2081 and said they would quickly make changes to the law if it caused harm to young people, particularly LGBTQ youth, or confusion among school administrators.

On Thursday, the American Civil Liberties of Washington, Qlaw and Legal Voice jointly filed a lawsuit on behalf of 10 plaintiffs to block the measure from taking effect on June 6.

The lawsuit alleges the measure violates the state constitution.

“Our state constitution requires new laws to properly identify their impact on existing laws, and 2081 fails to do that,” said ACLU attorney Adrien Leavitt. “The way the initiative was written is confusing, vague and misleading – and it fails to explain the important rights it actually affects for young people who attend our state’s public schools.”

The plaintiffs in this case include several nonprofit organizations, such as Lavender Rights Project, Sexual Violence Law Center and MomsRising. Two people, along with the South Whidbey School District, are also named as plaintiffs in the case.

“Black and Indigenous students rely on sexual health resources, information and care in public schools and school clinics, and the erosion of confidentiality in these spaces will acutely impact these students,” added Leavitt.

The lawsuit is the latest development in an ongoing saga of recent ballot initiatives in Washington.

A group called Let’s Go Washington began working in 2023 to qualify a handful of ballot initiatives for consideration in this year’s legislative session, including I-2081.

Let’s Go Washington founder Brian Heywood said in a statement that the ACLU lawsuit was undemocratic.

“The ACLU has made clear its contempt for the democratic process,” Heywood said. “We expect (Attorney General) Bob Ferguson to uphold his duty under the law to protect the will of the people and put an end to this frivolous attempt by the ACLU to strip parents of their civil liberties .”

Rep. Jim Walsh (R-Aberdeen) chairs the Washington State Republican Party and filed the paperwork for I-2081. He called the lawsuit an attack on the rights of families.

“The ACLU Washington is damaging its credibility by aligning itself with several radical left organizations to file an outlandish lawsuit,” he wrote in a text message.

Once I-2081 received enough support from registered voters to be considered in Olympia, Republicans were eager to hold hearings and pass the measure. Democrats, who have majority control in the Legislature, have expressed concerns about the initiative, but enough of them voted with Republicans to approve it.

Legislative leaders said in March that their decision to approve I-2081 and two other ballot initiatives was multifaceted. One major point to consider: Enacting these initiatives in the Legislature — instead of letting voters decide them — preserved lawmakers’ ability to make quick adjustments to these measures once they are become law.

Three additional initiatives will be put to the ballot in November. If voters pass any of these initiatives, changing them would require a two-thirds majority in the Legislature during the first two years of implementing the voter-approved policies — a relatively high bar to reach. Legislature-approved initiatives, meanwhile, can be adjusted like any other part of state law.