Judge OKs Iowa limits on K-6 gender identity, sexual orientation teaching but not elective programs

DES MOINES Iowa AP Iowa can continue to restrict instruction on gender identity and sexual orientation in schools up through the sixth grade a federal judge commented but has to allow nonmandatory programs related to the topics U S District Judge Stephen Locher offered a split decision late Thursday siding in part with a LGBTQ advocacy organization teachers and students who sued the state Attorney General Brenna Bird explained in a declaration Friday that she is committed to defending Iowa s law protecting children and her office is looking at next approaches including appeal In a separate ruling in March Locher again temporarily blocked another disputed component of the law which would prohibit school libraries from carrying books that depict sex acts Iowa has appealed the U S Eighth Circuit Court of Appeals to overturn that decision Republican majorities in the Iowa House and Senate passed the law in intending to reinforce what they consider to be age-appropriate tuition in kindergarten through th grades It s been a back-and-forth battle in the courts in the two years since The provisions of the law that are being challenged were temporarily blocked by Locher in December just before they became enforceable That decision was overturned in August by the U S Eighth Circuit Court of Appeals meaning the law had been enforceable for largest part of the current school year The appellate court narrated the lower court that it failed to apply the correct analysis in determining whether to temporarily block the law An attorney for the LGBTQ students teachers and advocacy organization explained Locher in February that the law is overly broad because it prohibits any venture curriculum test survey questionnaire promotion or instruction relating to gender identity or sexual orientation in kindergarten through sixth grade Opponents argued the law is vague enough to limit any information accessed or activity engaged in within the school Locher agreed in his decision that any project or promotion is broad enough to violate students First Amendment rights and those provisions are therefore on hold But restrictions on curriculum tests surveys questionnaires or instruction can be interpreted in the way the state argues as applying only to the mandatory school functions Locher laid out specifically what that means Students in grades six and below must be allowed to join Gender Sexuality Alliances GSAs and other aspirant groups relating to gender identity and or sexual orientation And the district teachers and students must be permitted to advertise those groups On the other hand teachers are not allowed to provide mandatory instruction that include detailed explanations or normative views on the issues Locher reported It does not matter whether the lessons or instruction revolve around cisgender or transgender identities or straight or gay sexual orientations All are forbidden The state guidance agency s rules on the law say they will not take a neutral report on gender identity and sexual orientation to be a violation of the law During a February hearing Locher posed questions to the state s attorney asking for example how a professor should decide whether a book featuring a same-sex couple is a neutral portrayal allowed under the law or whether it is a positive or affirming portrayal The state often noted the answers depend on context Opponents of the law stated that means the measure is too vague Locher s decision dictated that neutral references where sexual orientation or gender identity aren t the focus are allowed That means books with characters of varying gender identities or sexual orientations are permitted so long as those are not the focus of the book or lesson Locher also explained a educator can refer to their partner even if that partner is the same sex Attorneys for Iowa Safe Schools students and teachers that sued the state stated Friday that the ruling is a win Under this order Iowa teachers no longer can be disciplined entirely because their classroom contains a Pride flag or their library contains books with LGBTQ characters revealed Thomas Story staff attorney with the American Civil Liberties Union of Iowa This law with certain narrow exceptions should no longer stand in the way of school districts supporting efforts to include and backing their LGBTQ students Source