DES MOINES, Iowa — A federal judge has ruled that Iowa may continue its restrictions on teaching about gender identity and sexual orientation for students in kindergarten through the sixth grade, while also mandating that schools allow nonmandatory programs on these subjects. This ruling comes from U.S. District Judge Stephen Locher, who delivered a mixed verdict late Thursday in a case brought by LGBTQ advocacy groups, teachers, and students.
In a previous ruling from March, Judge Locher had temporarily blocked another controversial element of the law, which sought to ban school libraries from offering books that depict sexual acts. The state is currently appealing that decision to the U.S. Eighth Circuit Court of Appeals.
The legislation, passed by Republican majorities in Iowa’s House and Senate in 2023, aims to solidify what is perceived as age-appropriate educational content for K-12 students. The legal challenges surrounding the law have been ongoing for two years. Just before the law was set to be enforced in December 2023, Locher imposed a temporary block, which was later lifted by the appellate court in August, allowing the law to remain in effect for the majority of the current school year.
The appellate court determined that the lower court had not applied the appropriate legal analysis in deciding whether to block the law temporarily. During a February hearing, the attorney for the plaintiffs contended that the law’s wording is excessively broad, as it prohibits “any program, curriculum, test, survey, questionnaire, promotion, or instruction” linked to gender identity or sexual orientation for young students. Critics charge that the law’s ambiguity could limit access to information and stifle student engagement within educational settings.
Locher agreed that the provisions regarding “program” or “promotion” are broad enough to infringe upon students’ First Amendment rights, and he suspended enforcement of those segments of the law. However, he concluded that restrictions on curriculum-related matters, tests, surveys, and instruction could be interpreted narrowly to apply solely to mandatory school functions.
In his decision, Locher clearly indicated that students in sixth grade and below should have the right to join Gender and Sexuality Alliances and similar student organizations related to gender identity and sexual orientation. Moreover, he affirmed that it is permissible for schools to promote these groups.
Conversely, teachers are prohibited from delivering mandatory instruction that includes detailed explanations or subjective views on these topics. Locher noted that lessons or instruction relating to any sexual orientation or gender identity, whether it pertains to cisgender or transgender individuals, are not allowed.
The state’s education agency has stipulated that neutral statements regarding gender identity and sexual orientation will not be considered violations of the law. During the February hearing, Locher raised questions about how educators could discern whether a book featuring a same-sex couple is neutrally presented or positively portrayed, prompting state representatives to assert that these decisions depend on the context.
Critics of the law have expressed concern that this vagueness complicates its application. Locher clarified that neutral references to sexual orientation or gender identity aren’t prohibited, allowing for books with diverse characters, provided these elements are not central to the narrative.
Locher also confirmed that a teacher could acknowledge their partner, even if that partner is of the same sex, in educational discussions.
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