State senator warns Initiative 26-638 could face constitutional challenge
Summary
Sen. Trudeau told the forum the initiative raises 'major gender discrimination' concerns and invoked intermediate-scrutiny analysis; proponents said Title IX already protects females and disputed the discrimination framing.
Sen. Trudeau, speaking as a state senator, cautioned that the initiative's framing "raises a major gender discrimination issue" and said constitutional analysis would likely apply intermediate scrutiny to any policy distinguishing on the basis of sex. She told the forum "I think there's a major gender discrimination issue with this initiative, and I think it would be immediately challenged."
Proponents countered that Title IX already guarantees protections for females and that the initiative is intended to secure fair competition for girls. The forum did not resolve whether the initiative's language would survive a constitutional challenge; panelists agreed the issue could quickly move from public debate to the courts if enacted.
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