washington state case law research

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WSBA Member Benefit: Free Legal Research

Members have access to  free legal research ! As a valued member, you gain access to Fastcase , a powerful tool that empowers your legal journey.

Here’s what you need to know:

Log In : Head over to Fastcase via your myWSBA account. Seamlessly navigate through a wealth of legal resources at your fingertips.

Resource Library : Dive into the comprehensive  Fastcase Resource Library . Explore tutorial videos, stay updated with the latest legal developments, and find answers to your questions.

Training Webinars : Elevate your legal prowess! Register for our engaging training webinars. Learn from experts, enhance your skills, and stay ahead of the curve.

Answers Await : Got questions? Fastcase has answers. Whether it’s case law, statutes, or legal research tips, Fastcase can help.

Need assistance? Reach out to Fastcase at 866-773-2782 or send them an email at [email protected] . You may also email the WSBA at [email protected] .

Access Fastcase

Log in to your myWSBA account , and you will be automatically redirected.

Troubleshoot Issues with Fastcase

Review support resources online  and contact Fastcase customer service at  [email protected]  or by telephone at  866-773-2782 .

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If you have any other questions or feedback about Fastcase, please  contact us .

Free Webinars

Fastcase provides free live training webinars that will walk you through all the most important tools and features. Whether you're an experienced user or new to Fastcase, these webinars provide an extensive overview of the platform and tips and tricks to getting the most out of your research.  As an added benefit, these webinars are available for CLE credit in most jurisdictions, and are a great way to accumulate CLE credit remotely.

Click here to check out upcoming webinars and sign up today!

WSBA Deskbooks

Subscriptions to online version available through fastcase.

You can purchase annual subscriptions to online, word-searchable versions of WSBA Deskbooks, as individual deskbooks, collected into practice area libraries, or in a comprehensive “all-publications” library, through Fastcase. Find pricing, including discounted and group pricing here . Log in to Fastcase via your myWSBA.org account and select “Browse Libraries.” Under “Treatise and Books” select “Washington State Bar Association” to see a list of deskbooks. Expand each deskbook title to review an outline of its contents. To subscribe, contact Fastcase at 866-773-2782 or [email protected] .

Print and eBook versions available through LexisNexis®

Through a joint publishing relationship, WSBA Deskbooks are available in print and eBook formats through LexisNexis.® View WSBA deskbooks on the LexisNexis bookstore .

Navigation Tips

If you select “Browse Libraries,” you will go to an outline of primary and secondary materials available on Fastcase. Under Primary Material, select “Cases and Court Materials” and then “Caselaw Opinions”; at the end

Material Not Included as a WSBA Free Member Benefit

Other Resources for Legal Research

The Washington State Law Library offers limited reference assistance across the state. To learn more, review the law library policy on research and advice .

Free and Low-Cost Research

The following external links include other legal research tools that may help you in your practice:

WA Pattern Jury Instructions   |  Published by Thomson Reuters 

LLRX   |  Law and Technology Resources for Legal Professionals

Seattle University School of Law   |  Law Library Guides

University of Washington Law School   |  Legal Research Guides

Cornell Law School   |  Legal Information Institute

Law Library of Congress   |  The World's Largest Law Library

Yale Law School   |  The Avalon Project - Ancient and Medieval Legal Resources

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Lending Library

The  WSBA Lending Library  offers over 300 titles to borrow for free, regardless of your geographic location.  You can order books online and have them shipped to you for free. The following legal research books are available:

• The Lawyer's Guide to Fact Finding on the Internet
• Internet Legal Research on a Budget: Free and Low-Cost Resources for Lawyers

You can also view a list of all of our secondary law material .

Get Started

To start borrowing books, you can  register online through myWSBA . Browse books and place holds at  wsba.libib.com . 

To learn more,  visit the lending library page .

Not seeing what you're looking for?  Send us an email .

COVID-19 Updates

The Washington State Law Library has resources for accessing extended free trials to a variety of tools, including Westlaw and LexisNexis. To learn more, check out this blog post from the Washington State Law Library .

Trainings from Fastcase

Each week, Fastcase offers a free webinar that is CLE-accredited for WSBA members.  Check out the Fastcase webinar page  for the list of upcoming dates and to register.

You can also visit  www.fastcase.com/support  to watch videos on demand.

If you are a WSBA member who is having trouble using the WSBA legal research benefits, check out the following resources:

If myWSBA is Preventing Access to the Tool

• Make sure you are logging into myWSBA  with your WSBA license number (instead of your email address).
• Try using a different web browser.
• If you are still encountering a log-in error, contact the WSBA at  [email protected] .

All Other Issues

For any other questions about using the legal research tools, including help using the legal research platform, you may contact the vendor directly.

NWSidebar Blog Washington State Bar News Magazine

Toll-free: 800-945-9722    Local: 206-443-9722 Ethics Line: 206-727-8284 Email:   [email protected] Webmaster: [email protected] Washington State Bar Association 1325 Fourth Ave., Suite 600, Seattle, WA 98101-2539

© 2024 Washington State Bar Association, all rights reserved.

Washington State Case Law Search

Pinpoint the most authoritative washington case law with lexis+ ®, washington case law library and database.

Legal practitioners searching Washington state case law choose Lexis+ for superior, state-specific content. Broad-sweeping legislation can impact every practice area, like the Washington Privacy Act that affords greater consumer data protection and amendments to General Rule 24 intended to narrow the access-to-justice gap. If you’re not using LexisNexis ® , you could be missing critical Washington primary and secondary law content only we have.

Here’s exactly how LexisNexis beats Westlaw in Washington

Overall Washington Case Law Coverage: LexisNexis beats Westlaw by 49%

Washington Trial Court Orders: LexisNexis beats Westlaw by 78%

Washington Briefs Pleadings & Motions: LexisNexis beats Westlaw by 106%

Washington Verdicts & Settlements: LexisNexis beats Westlaw by 148%

Choose Lexis+ to accelerate your Washington state court case search. With robust content, trusted citation services, and exclusive features, Lexis+ offers the most streamlined and cutting-edge approach to conducting Washington case searches.

Solo & Duo Firms: Get exclusive, customized Washington content tailored for your practice and budget.

Choose Lexis+ to accelerate your Washington state court case search. With robust content, trusted citation services and exclusive features, LexisNexis offers the most streamlined and cutting-edge approach to conducting Washington case searches.

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• A core group of three civil procedure practice guides and a matching edition of Washington Evidence
• Washington Administrative Law Practice Manual -- the authoritative guide for attorneys practicing before administrative agencies, prepared by the Washington State Bar Administrative Law Section
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• Lewis & Clark Law School
• Boley Law Library
• Washington Legal Research Guide

Washington Legal Research Guide: Start Here

• State Courts
• Federal Courts
• Legislative

Getting Started with Washington Legal Research

Welcome to the Washington Legal Research Guide.

Here you'll find links to statutes, regulations, case law, and practice materials for the state of Washington.

There are a number of other excellent Washington legal research guides containing helpful material that may not be covered in this guide.

• Washington State Law: Legal Research Guides From the University of Washington Gallagher Law Library, this page collects links to sources of primary law and collects legal research guides created by the law library that include state specific material.
• Research Guides – King County Law Library Accessible guides on a wide range of Washington legal research topics.
• Washington State Law Library This website collects and organizes Washington state government pages in one place.

Washington Practice Materials and Secondary Sources

There are a number of great resources in print and online for the summer associate or new attorney practicing in Washington. For most legal topics, the Washington Practice Series on Westlaw or the WSBA-CLE Deskbooks in print are the best places to start. Both series have titles for most practice areas, each of which provides analysis, case and statute citations, practice tips and forms. The other titles below provide similarly useful starting points for Washington legal research.

• WSBA-CLE Deskbooks The Washington State Bar Association publishes deskbooks (the equivalent of Oregon's BarBooks) written by and for legal practitioners in the jurisdiction. Several are available in print in the Boley Law Library.

Research Help

We're here to help. Contact a research librarian for help with an assignment, project, or resource. 

Hours: Mon-Fri, 11am -3pm 503-768-6688 [email protected] Reference Hours

• Next: State Courts >>
• Last Updated: May 13, 2024 12:11 PM
• URL: https://lawlib.lclark.edu/washingtonlegalresearch

Paul L. Boley Library Lewis & Clark Law School 10101 S. Terwilliger Boulevard Portland, Oregon 97219 USA [email protected] Circulation 503-768-6676 Reference 503-768-6688

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WA State Supreme/Appellate Court Decisions

New website - please update your bookmarks.

The Washington Courts have launched the Washington State Judicial Opinions Website , which replaces and supersedes the unofficial copies formerly hosted by MRSC on our website. Please update your bookmarks accordingly.

For more information about this free access website, including the advantages to the new, official hosting, please see the overview page .

Social and More

LinkedIn:   MRSC

Facebook: mrscwa

X: @mrsc_wa

Phone: (206) 625-1300, (800) 933-6772

Email: [email protected]

Office : 225 Tacoma Ave S. Tacoma, WA 98405

Mail: 1712 6th Ave, Suite 100 PMB 1330, Tacoma, WA 98405

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Washington Case Law

The Washington state court system is divided into three levels. The highest court in Washington is the Washington Supreme Court, which consists of nine judges. The Supreme Court reviews appeals of decisions by the Washington Court of Appeals. It also reviews appeals of decisions by trial courts in limited situations. Decisions by the Washington Supreme Court are final unless the U.S. Supreme Court agrees to review an appeal of a decision.

The middle level of the Washington state court system is the Washington Court of Appeals, which consists of 22 judges. They are divided into three divisions, which are based in Seattle, Tacoma, and Spokane. Unlike the Supreme Court, the Court of Appeals must review each appeal that is filed with it. Decisions by the Court of Appeals are final unless the Supreme Court agrees to review a decision.

The lowest level of the Washington state court system consists of the Washington Superior Courts, the Washington District Courts, and the Washington Municipal Courts. The Superior Courts are trial courts with general jurisdiction over civil and criminal cases. These courts also review appeals of decisions by District Courts and Municipal Courts. The jurisdiction of the District Courts is limited to certain types of cases. These include misdemeanors, infractions, and civil matters with less than $75,000 at issue. The Municipal Courts review cases that involve violations of city ordinances.

• Washington Supreme Court Decisions
• Washington Court of Appeals, Division I Decisions
• Washington Court of Appeals, Division II Decisions
• Washington Court of Appeals, Division III Decisions

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Library electronic resources outage May 29th and 30th

Between 9:00 PM EST on Saturday, May 29th and 9:00 PM EST on Sunday, May 30th users will not be able to access resources through the Law Library’s Catalog, the Law Library’s Database List, the Law Library’s Frequently Used Databases List, or the Law Library’s Research Guides. Users can still access databases that require an individual user account (ex. Westlaw, LexisNexis, and Bloomberg Law), or databases listed on the Main Library’s A-Z Database List.

• Georgetown Law Library
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Washington Resources

• Cases & Courts
• Getting Started
• Secondary Sources
• Statutes & Legislation
• Regulations & Agencies
• Local Government

Key to Icons

• Georgetown only
• On Bloomberg
• More Info (hover)
• Preeminent Treatise
• WA Cases on Westlaw
• WA Cases on Bloomberg Law
• Recent Opinions of Interest to Local Government Officials (Mun. Res. & Serv. Ctr.)

State Website

• Washington Supreme Court and Court of Appeals Slip Opinions

Historical Reports

• HeinOnline: Washington Historical Reports
• LLMC Digital: Washington Historical Reports
• Caselaw Access Project: Washington Historical Reports
• Pacific Reporter, Second Series (P.2d) (1939-2000)
• Pacific Reporter, Third Series (P.3d) (1976-2019)

Case Dockets & Briefs

• Washington Supreme Court Dockets (from 1996) and Washington Supreme Court Dockets Briefs (from 2006)
• Court of Appeals Division I Dockets (from 2016) and Court of Appeals Division I Briefs (from 2009)
• Court of Appeals Division II Dockets (from 2016) and Court of Appeals Division II Briefs (from 2006)
• Court of Appeals Division III Dockets (from 2016) and Court of Appeals Division III Briefs (from 2010)
• For briefs from older cases, contact the Washington State Law Library .

Other Case Records

• District court cases (1853-1889) held by Washington State Archives .
• Supreme Court cases held by Washington State Archives .

Research Guides

• Washington Case Law (King Cnty. L. Libr.).
• Washington State Court Opinion & Related Sources (Univ. Wash. L. Libr.).

More on Cases in General

• Lexis: Dockets .
•   Westlaw: Dockets: Search Coverage Status by Court or Dockets Index to determine coverage for Georgetown Law accounts. Search Dockets and Court Wire to determine which court materials are covered by the two Westlaw services. Georgetown Law does not have access to Court Wire, but does to Court Wire Alert Archive .
• Bloomberg Law Docket Search: Search Dockets Coverages & Outages for coverage. Docket coverage does not mean, however, that all filings within the coverage dates are held by Bloomberg Law. Also, review our Law Library's FAQ on fees and Bloomberg Law's Docket Search .
• Try searching for dockets on the court's web site. The National Center for State Courts  offers judicial branch links for each state, focusing on the administrative office of the courts, the court of last resort, any intermediate appellate courts, and each trial court level.

Court Records & Documents

• CourtLink and  Briefs, Pleadings and Motions  may be found on Lexis.
• Some  Briefs  and  Trial Court Documents  may be available on  Westlaw .
• To locate state court materials not available within Westlaw, Lexis or Bloomberg Law, review Dockets & Court Documents page in our Briefs, Oral Arguments and Other Court Documents Research Guide.
• Some state appellate courts may make  recordings of oral arguments and hearings  available on their web sites.
• The Law Library's ILL Services, a library-to-library resource sharing service, does not order court materials from a court's clerk. Please contact the court directly for copies.

Washington State Court Structure

• Washington State Courts
• A Guide to Washington State Courts
• Commission on Judicial Conduct

Court Rules in General

May be found in Lexis'  Court Rules and Westlaw's Statutes & Court Rules . Court rules may also be found within the court's web site.

Court Statistics in General

May be found on the court's website, published in the court's administrative office annual reports.

The Florida Courts published a comparative report, State Court Systems Profiles (2010), where each state's court system hierarchy, number of judges, terms of office, governance and funding are summarized.

Case Law Research Tutorial

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• © Georgetown University Law Library. These guides may be used for educational purposes, as long as proper credit is given. These guides may not be sold. Any comments, suggestions, or requests to republish or adapt a guide should be submitted using the Research Guides Comments form . Proper credit includes the statement: Written by, or adapted from, Georgetown Law Library (current as of .....).
• Last Updated: May 24, 2024 3:17 PM
• URL: https://guides.ll.georgetown.edu/washington

• Introduction
• Legal Databases: Cases, Law Reviews and Journals, and More
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• Administrative Law

Locating Federal Court Decisions at the WSU Libraries

Washington state caw law: appellate, other states.

• Legal Dictionaries, Encyclopedias, Etc.
• Legal Citation Style Guides
• Metasites, Courts, Associations
• Military Law
• Native American / Indigenous / Tribal / Traditional Knowledge Law
• State-Level Research: Human Trafficking
• "The law based on judicial opinions (including decisions that interpret statutes), as opposed to law based on statutes, regulations, or other sources. Also refers to the collection of reported judicial decisions within a particular jurisdiction dealing with a specific issue or topic."  Nolo's Plain-English Law Dictionary. 
• Case law functions (mostly) on the concept of stare decisis, or precedent.

Case Law Reporters

• Case law is traditionally published in chronological order in reporters that are specific to a legal jurisdiction.
• official (published by the government legal jurisdiction.  Example: United States Reports, abbreviated U.S. or Washington Reports Second Series, abbreviated as Wash.2d
• West -  Supreme Court Reporter , abbreviated as S. Ct.
• Lexis - United States Supreme Court Reports, Lawyers' Edition , abbreviated as L. Ed. & L. Ed. 2d
• Unofficial (freely available online through a number of sources (noted below)) 
• both, in the case of government legal jurisdictions who contract with West or Lexis or who do not publish their own reporters leaving West and Lexis to provide their services by subscription. 
• unofficial reporters can also be topic-based (in addition to jurisdiction-based) -  see these examples
• Published in multiple series (each covering specific time periods)
• Things to consider: Case names can change! Example:  Obergefell v. Hodges
• H ow to cite cases in reporters . Sometimes the same case may be in multiple reporters (i.e. an official reporter and an unofficial reporter). Sometimes you will cite both reporters (a parallel citation) , sometimes you will be instructed to cite to a particular reporter (usually the official version). If you don't know how to cite a particular reporter, that info can be found in  The Bluebook: A uniform system of citation  (2020, 21st edition) located in the Terrell Reference Collection at KF245 .B58 2020 (note - you can usually find it online as well)

Legal Research: A Guide to Case Law (Law Library of Congress) 

Note - look in the box below for case law available online (including free access)

Note:  Federal reporters at the WSU Libraries are no longer current in print, although older editions are available in the stacks and in compact shelving.

• Nexis Uni Provides access to case law, state and federal codes, and law reviews. Case law may include added value including headnotes (helpful annotations). Includes basic Shepardizing for federal cases (district and Superior). Does not include state district court cases, just superior courts. Subscription database, WSU All Search FAQ (PDF)
• Federal District Court Structure
• Supreme Court of the United States Calendar, recent decisions, court documents. Opinions that have not yet made it into U.S. Reports . U.S. Reports (official reporter) from 1991 on. Transcripts (1969-) and audio (2010-) of oral arguments, and more.
• Map with federal district and circuit court boundries
• United States Courts Opinions (USCOURTS) Collection, govinfo Includes Appellate, District, Bankruptcy, and US Court of International Trade opinions. "The content of this collection dates back, generally, to 2004, though searchable electronic holdings for some courts may be incomplete for this earlier time period."
• CaseLaw Access Project (case.law) - Harvard Law School "The Caselaw Access Project (“CAP”) expands public access to U.S. law. Our goal is to make all published U.S. court decisions freely available to the public online in a consistent format, digitized from the collection of the Harvard Law School Library." Case law, including scans from case law Reporters. . Note: this is browsable but not searchable. Use CourtListener for searching.
• CourtListener (Free) via the Free Law Project "Search millions of opinions by case name, topic, or citation." Includes Supreme Court opinions (comprehensive) and federal appellate court opinions, federal district court and bankruptcy court, opinions (not comprehensive). Opinion text and some oral arguments, Sponsored by the Non-Profit Free Law Project." More info on how to use it via the LoC Court Opinions coverage in CourtListener"
• Google Scholar: Case Law (Free) Federal and state case law (not comprehensive). Select Case Law option, then use the Select Courts link to specify what state, etc. More info on how to use it via the LoC Does not include state trial courts, just superior courts
• Lawcator "...free access to federal and state court decisions, codes, and regulations. We also provide the full text of the Annotated US Constitution, as well as recent dockets and selected case filings from the US federal district and appellate courts."
• Oyez Project "a free law project from Cornell’s Legal Information Institute (LII), Justia, and Chicago-Kent College of Law—is a multimedia archive devoted to making the Supreme Court of the United States accessible to everyone. It is the most complete and authoritative source for all of the Court’s audio since the installation of a recording system in October 1955. "
• Supreme Court Cases: FindLaw "...searchable database of U.S. Supreme Court decisions since 1760 [U.S. Supreme Court Decisions: U.S. Reports 1- ]. Supreme Court opinions are browsable by year and U.S. Reports volume number, and are searchable by party name, case title, citation, full text and docket number. FindLaw maintains an archive of Supreme Court opinion summaries from September 2000 to the present. Summarized cases are browsable by date and searchable by docket number, case title, and full text."
• The Supreme Court Database {Washington University Law School] " The Database contains over two hundred pieces of information about each case decided by the Court between the 1791 and 2020 terms. Examples include the identity of the court whose decision the Supreme Court reviewed, the parties to the suit, the legal provisions considered in the case, and the votes of the Justices."
• U.S. Reports 1776 - 2013 (Official, via the Library of Congress)) Organized by volume number, authoring justice, and major case topic. Has a link to help you convert from volume numbers to older editions of unofficial "nominative reporter" citations.

Washington State Judicial Opinions Website .  Washington Courts.  A free site with published opinions from the Washington Supreme Court and Courts of Appeals, dating back to territorial days.  Opinions on this website are the officially edited opinions and are published 60-90 days after slip opinions are filed.  Includes search option.

Washington State Court Slip Opinions .  Washington Courts.  This website provides slip opinions from the Supreme Court and the Court of Appeals that were filed after February 22, 2013.  Slip opinions are the opinions that are filed on the day that the appellate court issues its decision and are often not the court's final opinion.  Includes search option.

Washington State Supreme Court and Courts of Appeals Opinions.  Available via Nexis Uni . WSU Only Access.

• Washington Courts Information on jury duty and court closures with access to court forms and search on court websites

About State Court Decisions (Law Library of Congress)

See also the Library of Congress' Guide to Law Online: US States and Territories (look under judicial)

WSU Libraries Subscription Resources for State Case Law

State Supreme Court and Court of Appeals Opinions.  Available via Nexis Uni . (WSU Only Access).

Nexis Uni provides access to all state Supreme Court and Court of Appeals opinions back to statehood or territorial days. Extensive search options.

Free Online Resources for State Case Law

Cases and Codes. State Resources.  FindLaw . 

Provides links to state Supreme Court and Court of Appeals opinions. Dates of coverage vary by state.

• Caselaw Access Project (Harvard Law School) Not comprehensive!
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• Last Updated: Apr 8, 2024 11:20 AM
• URL: https://libguides.libraries.wsu.edu/law

Free & Low Cost Legal Research

• Legal Research Databases
• Secondary Sources
• Case Law & Dockets
• Statutes & Legislative History
• Regulations & Agency Materials
• County & Municipal Research
• Presidential Documents
• Additional Resources

• Google Scholar Search federal and state case law for free. Select "Case law" > "Select courts" to view and select your jurisdictions.
• Washington State Court Opinions Free access to slip opinions from the Washington State Supreme Court and Court of Appeals.

Federal Dockets

• PACER Low cost database for searching and viewing federal court dockets and case documents.
• RECAP Free database for searching federal court dockets and documents pulled from PACER. Coverage is not comprehensive (see Background section at bottom of RECAP website for more information).

Washington Dockets

• Washington Courts Case Search Best for municipal, district, and appellate court dockets. Includes option to search across all Washington courts by party name.
• Washington Superior Courts Case Search: Odyssey Portal Search and view dockets for all Washington Superior Courts except King and Pierce County.
• King County Superior Court Dockets: KC Script Portal Search and view dockets from King County Superior Court for free. Low-cost options for purchasing and viewing case documents online are available as well.
• Pierce County Superior Court Dockets: LINX Search and view dockets from Pierce County Superior Court for free. Attorneys can register for a subscription to view, print, and download case documents.

Washington Case Materials

• Washington State Court Briefs Free access to briefs from the Washington State Supreme Court and Court of Appeals.
• Washington Digital Archives: Superior Court Cases Low cost online access to case documents from selected Washington State Superior Courts, including: Chelan, Columbia, Franklin, Island, Jefferson, Kitsap, Kitsap, Kittitas, Klickitat, Skagit, Skamania, and Snohomish Counties.
• Washington Pattern Jury Instructions Free access to the civil and criminal Washington Pattern Jury Instructions (Volumes 6 and 6A of the Washington Practice Series), from the Washington Supreme Court Committee on Jury Instructions.

Federal Court Websites

• Ninth Circuit Court of Appeals Court website includes slip opinions, forms, court rules, legal guides, and more.
• Eastern District of Washington Court website includes local rules, general orders, forms, jury instructions, and more.
• Western District of Washington Court website includes local rules, general orders, forms, jury instructions, and more.

State Court Websites

• NCSC: State court websites Provides links to court websites for each state, maintained by the National Center for State Courts (NCSC).
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• Next: Statutes & Legislative History >>
• Last Updated: May 14, 2024 8:17 AM
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Fastcase Welcomes Our Newest Partner The Washington State Bar Association

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Washington State Constitution Research

Text of washington constitution, original constitution, key treatise.

• A Brief History of the Washington Constitution
• Journal and Analytical Index
• Delegates to the Constitutional Convention
• Sources of the Washington Constitution
• U.S. State Constitutions—History & Interpretation
• Washington State Constitution—History & Interpretation
• Washington History
• Selected Cases
• Washington State Constitutional Amendments
• Links for Further Research
• Oregon Constitution
• Notes About the Project & Credits

Free Online Source

• Washington State Constitution [WA State Legislature] Notes indicate dates of amendments, with citations.

Commercial Online Sources

• Constitution of the State of Washington [Westlaw Campus Research] Includes annotations to cases, law review articles, and other secondary sources. Equivalent to the version in the print Annotated Revised Code of Washington (ARCW).
• Constitution of the State of Washington [Westlaw] Includes annotations to cases, law review articles, and other secondary sources. Equivalent of version in print West's Revised Code of Washington Annotated (RCWA) .
• Washington Constitution [Bloomberg Law] Text only.

Print Sources

The original (handwritten) constitution from the Secretary of State (in color PDF, black and white PDF, and DJVU).

Image from Secretary of State

The constitution, originally adopted in 1889, has been amended 108 times, most recently in November 2016. See Washington Constitutional Amendments .

• << Previous: Home
• Next: A Brief History of the Washington Constitution >>
• Last Updated: Mar 8, 2024 12:48 PM
• URL: https://lib.law.uw.edu/waconsthist

Lawsuit seeks to block Washington parental rights law that critics call a 'forced outing' measure

S EATTLE (AP) — A school district, a nurse, and civil rights and youth services organizations sued Thursday to block a new Washington state parental rights law that critics describe as a “forced outing” measure.

A conservative megadonor backed the law, which is set to take effect in June. The Democratic-led Legislature overwhelmingly approved it, with progressive lawmakers wanting to keep it off the fall ballot while calculating that courts would likely block it.

Known as Initiative 2081, the law requires schools to notify parents in advance of medical services offered to their child, except in emergencies, and of medical treatment arranged by the school resulting in follow-up care beyond normal hours. It grants parents the right to review their child’s medical and counseling records and expands cases where parents can opt their child out of sex education.

That could jeopardize students who go to school clinics seeking access to birth control, referrals for reproductive services, counseling related to their gender identity or sexual orientation, or treatment or support for sexual assault or domestic violence without their parents knowing, critics say.

The fight is the latest iteration of a long-running, nationwide battle over how much say parents have in the schooling of their children. Many parents have joined a conservative movement pushing states to give them more oversight of schools, including over library books and course material, transgender students’ use of school bathrooms, and the instruction of topics related to race, sexual orientation and gender identity.

Most of the rights Initiative 2081 granted to parents were already covered by state or federal law, but in some cases it expanded them.

Minors do not need parental permission to get an abortion in Washington, and state law gives those 14 and older the right to get tested or treated for sexually transmitted diseases without their parents' consent. Those 13 and older have the right to outpatient behavioral health treatment.

“Initiative 2081 is a forced outing law that will harm LGBTQ+ students if implemented in our schools,” Denise Diskin, an attorney for QLaw Foundation, said in a written statement. “LGBTQ+ students seek out safe and trusted school staff when they don’t have a supportive home, and the affirmation they receive can be life-saving."

Brian Heywood, a conservative hedge fund manager who finances the Let's Go Washington political action committee, said the lawsuit seeks to “trample the rights of parents.” The measure, he said, isn’t designed to give parents veto power over their child’s decision to access counseling or medical treatment: “It’s just saying they have a right to know.”

“The lawsuit is a frivolous but not surprising attempt to legislate through lawsuit rather than through the democratic process,” he said.

He also noted that schools would not be required to turn over medical records to parents who are under investigation for child abuse or neglect.

In Washington, citizen initiatives that garner enough signatures can be directed to the Legislature. Lawmakers can then pass them, let voters decide or offer voters an alternative measure. Heywood's group pushed six initiatives this year, including ones that would overturn the state’s capital gains tax and its climate law, which established a “cap and invest” carbon market.

Democrats in the Legislature passed three of Heywood's measures, giving themselves a better chance to focus on defeating the three they considered most objectionable at the ballot box this fall.

Those challenging the law object to it on the merits. But one of their attorneys, Adrien Leavitt of the American Civil Liberties Union of Washington, said the crux of the lawsuit rests on a procedural matter. The Washington Constitution requires that new laws not revise or revoke old laws without explicitly saying so, but Leavitt said this initiative does so in several cases.

For example, state law ensures the privacy of medical records for young people authorized to receive care without parental consent. The measure would give parents the right to be notified before their child receives care and the ability to review school medical records, Leavitt said, but it does not specifically say that it amends the existing privacy law.

One of the plaintiffs, the South Whidbey School District, on Whidbey Island north of Seattle, said in a resolution adopted by the school board Wednesday that the law "negatively affects the rights of youth in Washington state, including LGBTQ+ youth, youth of color, youth survivors of sexual and domestic violence, and youth seeking reproductive health care and gender affirming care.”

Others who brought the lawsuit filed in King County Superior Court include an unnamed Seattle parent of a nonbinary child; Kari Lombard, a psychiatric nurse-practitioner and former West Seattle High School nurse; and several organizations dedicated to the rights of LGBTQ+ or young people.

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Lawsuit seeks to block Washington parental rights law that critics call a ‘forced outing’ measure

FILE - The Washington State Capitol building is seen on the first day of the legislative session, Jan. 8, 2024, in Olympia, Wash. (AP Photo/Lindsey Wasson, File)

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SEATTLE (AP) — A school district, a nurse, and civil rights and youth services organizations sued Thursday to block a new Washington state parental rights law that critics describe as a “forced outing” measure.

A conservative megadonor backed the law, which is set to take effect in June. The Democratic-led Legislature overwhelmingly approved it, with progressive lawmakers wanting to keep it off the fall ballot while calculating that courts would likely block it.

Known as Initiative 2081, the law requires schools to notify parents in advance of medical services offered to their child, except in emergencies, and of medical treatment arranged by the school resulting in follow-up care beyond normal hours. It grants parents the right to review their child’s medical and counseling records and expands cases where parents can opt their child out of sex education.

That could jeopardize students who go to school clinics seeking access to birth control, referrals for reproductive services, counseling related to their gender identity or sexual orientation, or treatment or support for sexual assault or domestic violence without their parents knowing, critics say.

The fight is the latest iteration of a long-running, nationwide battle over how much say parents have in the schooling of their children. Many parents have joined a conservative movement pushing states to give them more oversight of schools, including over library books and course material, transgender students’ use of school bathrooms, and the instruction of topics related to race, sexual orientation and gender identity.

Most of the rights Initiative 2081 granted to parents were already covered by state or federal law, but in some cases it expanded them.

Minors do not need parental permission to get an abortion in Washington, and state law gives those 14 and older the right to get tested or treated for sexually transmitted diseases without their parents’ consent. Those 13 and older have the right to outpatient behavioral health treatment.

“Initiative 2081 is a forced outing law that will harm LGBTQ+ students if implemented in our schools,” Denise Diskin, an attorney for QLaw Foundation, said in a written statement. “LGBTQ+ students seek out safe and trusted school staff when they don’t have a supportive home, and the affirmation they receive can be life-saving.”

Brian Heywood, a conservative hedge fund manager who finances the Let’s Go Washington political action committee, said the lawsuit seeks to “trample the rights of parents.” The measure, he said, isn’t designed to give parents veto power over their child’s decision to access counseling or medical treatment: “It’s just saying they have a right to know.”

“The lawsuit is a frivolous but not surprising attempt to legislate through lawsuit rather than through the democratic process,” he said.

He also noted that schools would not be required to turn over medical records to parents who are under investigation for child abuse or neglect.

In Washington, citizen initiatives that garner enough signatures can be directed to the Legislature. Lawmakers can then pass them, let voters decide or offer voters an alternative measure. Heywood’s group pushed six initiatives this year, including ones that would overturn the state’s capital gains tax and its climate law, which established a “cap and invest” carbon market.

Democrats in the Legislature passed three of Heywood’s measures, giving themselves a better chance to focus on defeating the three they considered most objectionable at the ballot box this fall.

Those challenging the law object to it on the merits. But one of their attorneys, Adrien Leavitt of the American Civil Liberties Union of Washington, said the crux of the lawsuit rests on a procedural matter. The Washington Constitution requires that new laws not revise or revoke old laws without explicitly saying so, but Leavitt said this initiative does so in several cases.

For example, state law ensures the privacy of medical records for young people authorized to receive care without parental consent. The measure would give parents the right to be notified before their child receives care and the ability to review school medical records, Leavitt said, but it does not specifically say that it amends the existing privacy law.

One of the plaintiffs, the South Whidbey School District, on Whidbey Island north of Seattle, said in a resolution adopted by the school board Wednesday that the law “negatively affects the rights of youth in Washington state, including LGBTQ+ youth, youth of color, youth survivors of sexual and domestic violence, and youth seeking reproductive health care and gender affirming care.”

Others who brought the lawsuit filed in King County Superior Court include an unnamed Seattle parent of a nonbinary child; Kari Lombard, a psychiatric nurse-practitioner and former West Seattle High School nurse; and several organizations dedicated to the rights of LGBTQ+ or young people.