Correction: Enumclaw Board Director Paul Fisher is not the Enumclaw School District Board President; he was Board President from 2023 through 2024.
Enumclaw School District Board President Paul Fisher is part of a Title IX complaint against Washington state Superintendent Chris Reykdal and Governor Bob Ferguson.
The complaint, filed Feb. 28 by the Washington Parents Network, alleges the state is in violation of Title IX — a Department of Education statute that protects people from discrimination based on sex, sexual orientation, and gender identity in education programs or activities that receive federal funds — after the U.S. District Court for the Eastern District of Kentucky in Tennessee, et al. v. Cardona ruled on Jan. 9, 2025 that the DOE’s action was unconstitutional when it added “gender identity” to the list, in part because it infringes on the First Amendment.
“We contend that all of our members and all of their children – and in fact, all of the children in Washington state – have been harmed by Reykdal and Ferguson’s failure to comply with Title IX,” the complaint reads. “… Sadly, Chris Reykdal and Bob Ferguson have refused to comply with Title IX, under their false legal theories that the word ‘sex’ in Title IX means ‘gender identity’ and that Washington State law has priority over federal law.”
The group asked the federal Office of Civil Rights to investigate Reykdal and Ferguson.
Despite the federal court ruling, Reykdal emailed school superintendents on Feb. 6 that Washington will adhere to state law.
Fisher is one of 11 members who personally added a declaration to the complaint.
“As a school board member, I have sworn an oath of office to support and uphold the Washington state constitution and the United States constitution,” his declaration reads. “… I agree with the conclusion of [Tennessee, et al. v. Cardona]. I will not and can not violate Title IX and the First Amendment rights of our teachers, parents and students.”
The Courier-Herald was unable to reach Fisher for comment.
The Enumclaw School District is not part of the complaint, and ESD’s Director of Communications Jessica McCartney said the district is required to follow state law in regard to Title IX.
“Enumclaw School District complies with all applicable state and federal laws and guidance from the Office of Superintendent of Public Instruction (OSPI). According to OSPI, unless Congress or the state Legislature enacts new laws, Washington state law permits students to participate in athletic programs consistent with their gender identity, with appropriate privacy measures for all students,” McCartney said in an email. “As a public school district, we are legally required to follow existing state laws and civil rights protections.”
You can read the full complaint at washingtonparentsnetwork.com/news/washington-parents-network-title-ix-complaint.
A HISTORY
While “gender identity” was added to Title IX by President Joe Biden’s administration in early 2021, Washington state has been grappling with the issue for two decades.
In 1941, the state legislature passed the Washington Law Against Discrimination in Employment, which prohibited discrimination against “race, creed, color, or national origin” in the workplace.
The law was expanded in 1957 to prohibit discrimination in public accommodations — like schools — and again in 1969 in regard to “redlining,” or private real estate, which effectively segregated neighborhoods and cities. This was when the law was changed to the Washington Law Against Discrimination (WLAD).
Sexual orientation protections were added in 2006, including gender identity, and the state legislature passed a bill that allowed transgender people to use public restrooms consistent with their gender identity in 2016.
There’s been a lot of action against gender identity being included under the definition of “sex” in recent weeks.
Federally, President Trump signed an executive order banning male-to-female trans athletes from competing in women’s sports on Feb. 5.
But locally, the Washington State Interscholastic Activities Association, which runs high school sports, proposed last year two policy changes related to trans athletes. One policy recommended that girl’s sports be limited to students who are born female; the other would create a division of sports specifically for trans athletes. A vote on these proposals is expected in April.
Even more recently, a Tumwater School District student complained on Feb. 6 about a trans athlete on a competing team; she sat out the game because she “feared for her safety,” according to the U.S. Department of Education.
The DOE began an investigation into the incident on March 3, and the Tumwater School District voted to ban trans athletes from playing on girl’s sports teams.
