Washington Democrats expand transgender, immigrant protections in schools, risking federal funding fight
Prioritizing identity politics while risking billions in education funding
Washington Senate Democrats have passed Substitute Senate Bill 5123, expanding antidiscrimination protections in public schools to include immigration status, sexual orientation, gender identity, and more—despite warnings that this move could put federal education funding at risk.
The bill comes as President Donald Trump vows to pull federal funding from states that refuse to follow his administration’s policies on transgender athletes, gender-affirming care, and diversity, equity, and inclusion (DEI) programs in schools.
If SB 5123 becomes law, expect:
A broader list of protected classes in Washington public schools
A potential funding battle with the Trump administration
More conflicts between parents, schools, and state government over classroom policies
Democrats say this bill ensures equal treatment for students. Republicans warn it’s another example of Washington picking a political fight instead of fixing failing schools.
What SB 5123 does
SB 5123 expands Washington’s public school antidiscrimination law by adding new protected classes, including:
Immigration or citizenship status
Homelessness
Neurodivergence (such as autism and ADHD)
Sexual orientation, gender identity, and gender expression (now listed separately as three distinct categories)
Sen. T’wina Nobles (D-Fircrest), the bill’s sponsor, argues that “these gaps” in current law impact students' ability to succeed and that passing SB 5123 could improve academic performance by fostering inclusion.
But Republicans say the bill doesn’t solve discrimination—it just creates new bureaucratic challenges while risking federal funding for Washington’s schools.
Why this bill is controversial
It puts federal education funding at risk
Trump has threatened to pull federal funding from states that refuse to follow his policies on:
Transgender participation in school sports
Gender-affirming care for minors
DEI-based curriculum changes in public education
Republicans argue SB 5123 is Washington’s way of deliberately defying the federal government, setting the stage for a legal battle that could jeopardize billions in federal education dollars.
Sen. Leonard Christian (R-Spokane Valley) compared the move to a small dog picking a fight with a bigger one:
“I have this cute as a button dog … and we’ll go out for a walk, and he’ll occasionally go up to a big dog and start barking. Then, as soon as the big dog starts to look at him, he runs between my legs and stands there.”
Republicans warn that Washington’s refusal to comply with federal education policies could lead to massive funding cuts that hurt students, teachers, and schools.
It further politicizes education
Opponents argue this bill gives schools more control over politically charged issues while taking power away from parents.
Sen. Jim McCune (R-Graham) called SB 5123 part of a broader trend of “DEI and gender ideology” overtaking public schools.
He said the bill strips local school boards of authority and puts more power in the hands of state bureaucrats.
Some Republicans argue the focus should be on academic performance, not expanding identity-based policies.
With test scores declining nationwide, critics say the Legislature should be prioritizing reading, math, and science—not more legal classifications.
It raises questions about how many protected classes are necessary
Republicans also questioned why new classifications keep being added.
Sen. Phil Fortunato (R-Auburn) asked:
“How many more categories are we going to add? This doesn’t do anything to end discrimination. It just creates a new situation where people are then going to be categorized.”
At what point, opponents ask, does expanding identity-based policies create more division than inclusion?
Who benefits from this bill?
Progressive activists who want to expand identity-based policies in public schools
Immigrant and LGBTQ advocacy groups that support stronger protections in schools
Democratic lawmakers looking to position themselves against Trump’s education policies
Who doesn’t benefit?
Parents who want more say in how sensitive issues are handled in schools
Students who need stronger academics, not more bureaucracy
Washington’s education system, which risks losing federal funding over state-level defiance
This isn’t just about protecting students—it’s about a political battle between state and federal governments.
What’s next?
SB 5123 passed the Democrat-controlled Senate and now heads to the Washington House of Representatives for further consideration.
If passed, expect:
Continued fights over how schools handle gender identity, immigration status, and identity politics
Legal challenges from parents who feel their rights are being undermined
A potential federal backlash, putting Washington’s education funding at risk
Instead of focusing on failing test scores, teacher shortages, or discipline issues, Washington lawmakers have chosen another culture war battle.