Some protections remain for transgender Iowans, despite new law

While a new Iowa law that strips gender identity protections from the Iowa Civil Rights Act went into effect Tuesday, the ACLU of Iowa is reminding Iowans a number of other civil right protections remain for trans people.

Republican majorities in the Iowa House and Senate earlier this year passed, and Gov. Kim Reynolds signed into law, legislation that strikes gender identity from the state's civil rights code. The move repeals protections for transgender Iowans against discrimination in housing, employment, lending, public accommodations and more based on their gender identity.

The new law also:

Reynolds and Republican lawmakers argued that transgender protections in the Civil Rights Act endangered state laws they passed in recent years that ban gender transition care for children under the age of 18, prohibit transgender girls from playing in girls sports and prohibit transgender students from using school bathrooms that correspond with their gender identity.

Lawmakers this year also passed House File 1049, which also took effect Tuesday. It prohibits money allocated for Iowa Medicaid from being used for reimbursement for sex reassignment surgery or associated procedures.

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ACLU of Iowa Legal Director Rita Bettis Austen said no one knows the full impact of the recent change in the law, which protects both cisgender and transgender people.

Austen said it is unclear how courts will handle discrimination cases based on sex stereotypes under the Iowa Civil Rights Act. There is hope that both groups still will be protected from discrimination related to gender expression. The issue will need to be resolved by the courts in the future.

Despite the law's changes, Austen said other protections still exist to safeguard transgender Iowans from discrimination.

“This change in the law does not make discrimination against someone because they are trans morally right, of course, and in many cases, it doesn’t actually make it legal,” Austen said. “That is because the Iowa Civil Rights Act was one type of legal protection and many others still exist.”

What protections still exist for transgender Iowans?

Federal non-discrimination laws: The U.S. Supreme Court has ruled that discrimination on the basis of sexual orientation and gender identity is sex discrimination, and has found that a federal civil rights law that applies to discrimination in employment protects transgender people.

“So Iowa employers are still bound by Title VII,” Austen said.

Other federal civil rights laws that protect transgender people include Title IX, which requires non-discrimination in education on the basis of sex, sex stereotypes, and including gender or gender identity.

Federal disability related civil rights laws, like the Americans with Disabilities Act and the Rehabilitation Act, also protect people against discrimination on the basis of gender dysphoria, Austen said.

Breanna Young, an attorney at Dentons Davis Brown, said while federal protections for gender identity still exist in areas including housing, employment and credit, they are a “patchwork” of regulations that could be weakened by President Donald Trump’s administration during his second term in office.

Anti-discrimination protections for gender identity currently exist for housing under a U.S. Department of Housing and Urban Development rule that prohibits discrimination based on sex, which includes gender identity. Under a Consumer Financial Protection Bureau rule, gender identity also is included in a prohibition on sex discrimination in banking and finance. Enforcement of both rules has been halted as the Trump administration reviews them.

Federal protections against discrimination based on gender identity in employment, provided by the Equal Employment Opportunity Commission, also are not being enforced after Trump issued an executive order instructing government agencies to enforce laws governing sex-based rights, protections, opportunities and accommodations to “protect men and women as biologically distinct sexes, and to remove all statements, politics regulations, forms, communications or other internal and external messages promoting gender ideology.”

Local non-discrimination ordinances: Several Iowa cities and counties have their own non-discrimination ordinances and policies that protect against discrimination based on gender identity. The Iowa Civil Rights Act allows for independent, local-level civil rights protections. And there are local civil rights commissions that enforce these local ordinances around the state, Austen said.

“The courts have not yet been asked to decide if these protections apply” in light of the recent change to state law, she said. “But we think, based on the text of the statute and cases arising in other contexts which are analogous, that many of them should continue to protect transgender people from discrimination at the local level, at least where there isn’t a conflict with a state law.”

State anti-bullying law: Iowa law provides that all Iowa schools must have policies in place that prohibit bullying, and provide procedures to protect students who experience bullying.

Harassment and bullying in school remain prohibited, whether because someone is transgender or for some other reason, Austen said.

State and federal constitution: The United States and Iowa Constitutions protect essential rights, such as free speech and expression, which include how individuals express their identity, engage in protests, and interact with others. They guarantee equal protection, meaning the government cannot create biased laws against any group, including transgender individuals. However, awareness is necessary as the government and courts may not always uphold these rights, highlighting the importance of groups like the ACLU, Austen said.

School, workplace or other policies: Schools, employers and other entities may have their own policies that aim to provide a non-discriminatory and inclusive environment, regardless of state law. For example, numerous Iowa employers have said they will continue to support workers who are transgender with policies governing privacy, employee records, names and pronouns, transitioning on the job, restrooms and locker rooms, dress codes, discrimination/harassment, and medical insurance coverage for gender-affirming care. More than 1,000 businesses in Iowa have pledged to maintain inclusive spaces for transgender people.

What should you do if you feel you’ve been discriminated against?

Talk to an attorney who can help you problem-solve and determine if the law provides a remedy. For example, while the Iowa Civil Rights Act no longer provides protection for transgender Iowans discriminated against by a landlord, the federal Fair Housing Act still applies to protect against discrimination based on sex. Additionally, the landlord may have violated other rights that can be enforced under Iowa’s Uniform Residential Landlord and Tenant Act, Austen said.

The Iowa Bar Association maintains a directory of attorneys in Iowa by practice type. Low-income Iowans may qualify for free legal assistance from Iowa Legal Aid.

The ACLU of Iowa accepts confidential legal requests for assistance by email at legal.program@aclu-ia.org.

Austen also advised individuals file a complaint for bullying or harassment, either with their school, employer, local police department, a federal agency, state or local civil rights office. Even though gender identity has been removed from the Iowa Civil Rights Act, complaints of alleged illegal discrimination based on gender identity can be made to the Iowa Office of Human Rights if the discrimination happened between Sept. 3, 2024 and June 30, 2025.

A lawyer can help determine when and how best to file a complaint, Austen said.

She also recommended Iowans find community and ask for help in Iowa. There are several transgender community groups for support, both local and online. OneIowa is a statewide option. GLAAD has a list of transgender resources.

Maya Marchel Hoff of the Gazette-Lee Des Moines Bureau contributed to this report.

Comments: (319) 398-8499; tom.barton@thegazette.com