Iowa lawmakers look to expand ban on LGBTQ materials in schools

DES MOINES — Iowa lawmakers are considering a broader ban on LGBTQ+ topics in schools, which was originally put in place in a 2023 law.

House Study Bill 84, advanced by the House Education subcommittee, would extend a law that now prohibits curriculum and materials mentioning gender identity and sexual orientation for younger students to include students in grades 7 through 12.

The original law, which also banned books depicting sex acts from school libraries and required teachers to notify parents if their child asked to be called by different pronouns, applied only to students in sixth grade and younger.

That law — Senate File 496 — is being litigated after a lawsuit challenged it in November 2023.

A district court judge placed a preliminary injunction on the law in December 2023, but the injunction was lifted after a three-judge panel for the U.S. Court of Appeals for the 8th Circuit ruled the injunction was based on a “flawed analysis of the law.”

The case was sent back to the federal district court, with a hearing held Feb. 6.

States, including Florida and Arkansas, already have laws banning curriculum involving LGBTQ+ related topics.

Is it constitutional?

Subcommittee member Rep. Elinor Levin, D-Iowa City, questioned whether lawmakers should be expanding a law that is currently in court.

“The initial legislation that this is amending is in litigation currently, and we do not know, but it is entirely possible that it will have been found unconstitutional,” Levin said.

Levin also said the legislation would limit teachers in what they could teach, including parts of history involving the LGBTQ+ community.

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‘I am sick of it’

Rep. Skyler Wheeler, R-Hull, rebuffed Levin’s claim, saying Iowa has to get “back to the basics in education.”

“I am tired of having parents sending pictures of classrooms with rainbow flags and transgender flags, some of which are bigger and longer and displayed much more boldly than the American flag or an Iowa flag,” Wheeler said.

“I am tired of having parents bring books to me. I am tired of having parents bring lesson plans to me where it's clearly pushing an agenda. I am sick of it, and I know Iowans are sick of it.”

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‘It causes harm’

LGBTQ+ advocates, including Bethany Snyder of Urbandale, argued the expansion of the law would further harm students and families.

Snyder, who moved back to Iowa in 2019 with her partner and child, said the law would teach kids that families like hers don’t exist.

“LGBTQ students who already face higher risks of bullying, suicide and mental health, would be sent a clear message, you don't exist, you don't belong, and we don't want to talk about you,” Snyder said. “As a lesbian mom, I know firsthand how damaging that message is.

“Our child exists, our families exist. Our kids exist. Pretending otherwise won't change that, it just causes harm.”

Berry Stevens, a 14-year-old who uses they/them pronouns, highlighted their frustration with having to come to the Iowa Capitol to “beg for” lawmakers’ protection.

“It is because of bills like this that kids like me struggle with bullying, mental health crises and higher suicide rates than the general population,” Stevens said. “You should be protecting us, but instead, you're endangering us.”

‘Wrong to teach’

Chuck Hurley, representing The Family Leader, a conservative Christian organization, said bullying would still be punishable in schools if this bill is passed.

He said curriculum incorporating gender identity and sexual orientation is divisive for students.

“To prop up that untruth is unfair, it’s wrong to teach our kids those concepts,” Hurley said. “So let's teach truth in a respectful way, but not prop up divisive things in our schools the taxpayers are paying for.”

The committee, consisting of Levin, Wheeler and Rep. Henry Stone, R-Forest City, advanced the bill 2-1, with Levin declining to sign on.

Comments: mmarchelhoff@qctimes.com