Washington's Senate Democrats want reproductive, gender-affirming care in state constitution
Published in Health & Fitness
OLYMPIA, Wash. — Democratic state lawmakers, worried about federal efforts to limit transgender and abortion rights, want to amend the state constitution to include protections for gender-affirming and reproductive health care, and hope to put it before voters.
Senate Joint Resolution 8204, introduced this week by prime sponsor Sen. Vandana Slatter, D-Bellevue, is backed by 25 of the 30 Senate Democrats.
The move comes at an uncertain time for young trans and gender-fluid people, following a slate of executive orders from the Trump administration to limit transgender rights. At the state level, Republicans in Olympia have raised concerns that Democrats are encouraging children to make gender-affirming health care decisions without their parents.
Slatter introduced the resolution in response to what she sees as national attacks on privacy, freedom, gender-affirming care and reproductive care. Washington has strong and protective laws, she said, and this an opportunity to enshrine them in the state constitution.
In addition to protecting the right to make gender-affirming health care decisions, the joint resolution affirms the state will not interfere with the right to abortion, contraception or the use of assisted reproductive technology.
A joint resolution is a tool for the Legislature to propose an amendment to the state constitution. If both chambers pass the resolution with a two-thirds majority, the amendment is put on the next general election ballot for voters to approve or reject.
Democrats hold the power trifecta in Washington state government but remain a few seats shy of the two-thirds supermajority in the House and Senate. This means even if the joint resolution did make it past some parliamentary obstacles, Democrats would need the support of their Republican colleagues.
Resolutions are subject to the same cutoffs as bills. With the first policy deadlines already passed, SJR 8204 will not be heard this session unless an exception is made to the rules.
Washingtonians have amended the state constitution 109 times. The most recent amendment was in 2019, when voters approved Senate Joint Resolution 8200 to help keep the government operating during large-scale natural disasters.
Other amendments approved by voters include moving up the timeline for redistricting in 2016 and allowing the state's research universities to invest some of their reserve funds in private companies and stocks in 2012.
The joint resolution was not well received by state Republicans who are already voicing their dissent. The state Senate Republicans social media account called the bill "outrageous" while Rep. Jim Walsh, R-Aberdeen, encouraged constituents on X to sign in "con" on the bill.
Sen. Minority Leader John Braun, R-Centralia, said his caucus has "grave concerns" that the proposal would enable full-term abortion or gender-affirming health care regardless of age. He noted it also came as a surprise, because Democrats did not alert them before filing the resolution.
Abortion is legal in Washington until viability, which means the fetus is developed enough to survive outside the womb without medical care. Braun and other opponents of the proposal have alleged the resolution's vague language would allow abortion "up until the day of birth."
Slatter said this is not true. The resolution's language affirms "the right to have an abortion." The resolution is not an effort write new laws, she said, just to enshrine existing ones.
"We have great laws that we have worked on that use age-appropriate, evidence-based ways of providing care in consultation with doctors and patients that are medically necessary," Slatter said. She added that laws are backed by decades of research and supported by medical associations.
In Washington, state law generally requires parental consent for most medical care for trans and gender-diverse minors. There are also some types of surgeries youth normally can't get until they turn 18, even with parental permission.
A recent executive order from the Trump administration that restricts minors from seeking gender-affirming health care is facing legal pushback in courts throughout the country, including in Washington.
Local advocacy groups and state Attorney General Nick Brown have filed several lawsuits against these Trump orders, citing unconstitutional discrimination, among other claims.
In a case related to protecting funding for pediatric gender-affirming care, led by Brown's office, a federal judge in Seattle extended a block last week, pausing Trump's order from taking effect in Washington, as well as in other plaintiff states Oregon, Minnesota and Colorado.
The preliminary injunction should offer temporary protection to health care systems that provide gender-affirming care for youth and allow them to continue their clinical work, Brown said last week.
At Seattle Children's gender clinic, where some surgeries and other appointments were temporarily put on hold following the Trump order, the status of many procedures remains unclear — though at least one patient family confirmed their son's surgery was put back on the schedule late last month.
State Rep. Chris Corry, R-Yakima, described the call to change the state constitution as a "publicity stunt" by Democrats who know their proposal may not proceed to House and Senate votes, let alone to the ballot. Braun echoed this, stating there are "real problems," like the budget, to be focused on.
If the resolution doesn't move forward this year, it can be revisited during the 2026 session. Slatter said it is currently unclear how things will move forward.
"I think this plants a flag. It says that we care about privacy and freedom, and particularly health care freedom, in our state."
Despite touching on politically divisive topics, Slatter said she is hopeful some of her Republican colleagues might support the proposal.
"Washington is a frontier state that's very independent-minded, cares about our privacy, and believes that health care is important in a right," she said.
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Seattle Times staff reporter Elise Takahama contributed to this report.
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