Senate Bill 5123 would expand protections for students in public schools by adding four protected classes — ethnicity, homelessness, immigration status, and neurodivergence — to nondiscrimination provisions, and by breaking down sexual orientation, including gender identity and gender expression, into three separate classes. The Senate's Early Learning & K-12 Education Committee held a public hearing, with those in opposition claiming that these expansions would remove rights from cisgender girls.

Sexual orientation and gender identity are already protected classes, but SB 5123 provides definitions different from the state law enacted in 2010.

"Laws must evolve to reflect our growing understanding of identity and discrimination," said primary bill sponsor and committee vice chair, Sen. T'wina Nobles (D-28). "The current anti-discrimination statute of Washington state includes outdated language that doesn't adequately distinguish between important identities, such as sexual orientation, gender identity, and gender expression."

Sen. Nobles explained how discrimination and bias have devastating consequences for marginalized students, such as higher rates of mental health challenges and lower academic performance.

Personal experiences
Jaanvi Ganapathy, of the Legislative Youth Advisory Council, assisted with the drafting of SB 5123, with the goal of creating more inclusive and equitable schools.

"Inclusive schools allow students to be seen and to focus on their education. As someone who identifies as a member of several groups this bill seeks to protect, I ... experienced how a lack of inclusivity creates barriers in the education system," Ganapathy said.

Ganapathy said the understanding of gender identity is not what it was 15 years ago, and that this bill would make necessary updates to the language of the state statute.

Felicia Walker, a pansexual Transgender woman who testified in support of the bill, noted how she began her transition two years ago.

"I know many people do not understand non-heterosexualities, much less, non-cisgender-conforming experiences," Walker said. "You're not expected to — but you should trust that those of us who do have these experiences started that journey back in childhood. It may be difficult and a new concept, but we owe it to our children to let them explore and figure things out on their own."

She noted how schools need to be a place where youth can be their authentic selves without experiencing harassment or discrimination, since students spend most of their time there. Walker added that children should not suffer because adults feel uncomfortable.

"To those of you pushing back, ask yourself why. Is it because the existence of people who are not cisgender or not heterosexual make you so uncomfortable that you need to demonize this to make yourself feel better?" Walker asked.

"That you try to erase us by saying, 'You don't deserve to be treated with respect,' no matter how young we are? We are people. We are valid, and we deserve to exist in society and move through it as we truly are — just like anybody else."

Opposition
A concerned citizen, Jennifer Heine-Withee, said Walker's comments are not reflective of heterosexuals and that she found them to be offensive, but that she forgave Walker. She then asked if the purpose of SB 5123 is to ensure that everyone's rights are respected.

"How can that be when boys who identify as girls are given the right to use the girls' bathroom, locker room, and showers? Would that guarantee that the rights of girls in these private spaces aren't violated? Don't girls have the right to privacy, dignity, and safety while they are in the restroom or locker room?" Heine-Withee asked.

She also raised an issue that has been sweeping the nation in recent years: fair competition in sports. "Right now, [cis] girls are on the losing end," Heine-Withee said.