Iowans cheer as bill removing gender identity from civil rights law fails

DES MOINES — Iowa House lawmakers will not advance a bill that would have removed gender identity protections from the Iowa Civil Rights Act.

All three members of a House Judiciary subcommittee said they will not sign off on moving the bill forward, following roughly an hour of testimony from transgender Iowans, school safety advocates, attorneys and civil rights activists.

Individuals packed a committee room Wednesday to decry a House Republican proposal to change the way transgender Iowans are protected under the Iowa Civil Rights Act.

The proposed legislation, which opponents called “hideous,” “vile,” “offensive” and “hateful,” would amend the Iowa Civil Rights Act by removing gender identity as a protected class, and by adding gender dysphoria to disabilities covered by the act.

Aime Wichtendahl, a Hiawatha City Council member who is Iowa's first openly transgender elected official, told lawmakers that by considering the bill they were entertaining making Iowa the first state in the country to repeal civil rights protections.

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"You seem to think that being trans is some kind of ideology, so I will say it plain," Wichtendahl said. "There is no such thing as transgenderism, there is only transgender people. We are human beings. We are American citizens. We are Iowans. And we do not deserve this abuse that we are getting from our government."

Created in 1965, the Iowa Civil Rights Act prevents discrimination based on identifying characteristics like age, race, color, religion, national origin, or disability. The Act was amended in 2007 to add sexual orientation and gender identity.

Lawmaker: current law is too ambiguous

House File 2082, introduced by Iowa state lawmaker Jeff Shipley, a Republican from Birmingham, would instead add to the act’s covered disabilities gender dysphoria, which the American Psychiatric Association defines as psychological distress that results when an individual has a gender identity that is different from their sex at birth.

Shipley said he introduced the bill to examine Iowa’s civil rights framework and ensure it’s working as intended, arguing the inclusion of gender identity in Iowa law is not well defined.

“There exists many unanswered legal questions and unsettled matters of law,” Shipley testified during the hearing. “This ambiguity is causing problems. Injustice is occurring under the status quo … and injustice is likely to persist into the future if left unchanged.”

He added there also “exists a harsh and aggressive retaliatory environment surrounding the discussion of gender-identity, which completely nullifies the spirit of Iowa’s civil rights code.”

The question he said lawmakers need to clarify is: “How does someone establish themselves as a member of this protected class?”

He argued current definition of gender identity in Iowa code “is a circular definition, meaning it defines absolutely nothing about what this word actually means.”

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Bill is ‘dead’ after legislators refuse to advance it

Members of the subcommittee, however, worried the bill violated the 14th Amendment's Equal Protection Clause and would actually bestow “extra rights” by classifying gender dysphoria as a covered disability.

House Majority Leader Matt Windschitl, R-Missouri Valley, said the fact that the subcommittee chose not to advance the bill is a good indication that its ideas are not going to move through the committee process or receive a vote on the House floor.

Rep. John Wills, R-Spirit Lake, who sat on the subcommittee and declined to advance the bill, said the legislation is effectively “dead.”

“I’m extremely happy to see that by unanimous vote … rejected what was extremely hateful legislation, which would have taken the clock back 15 years in our state code and would have specifically targeted some of the most marginalized people in our state,” said Rep. Sami Scheetz, D-Cedar Rapids, who also sat on the subcommittee.

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Bill opponents: ‘gender dysphoria and being trans isn’t a disability’

Advocates for transgender people expressed their vehement opposition to the proposal, banging on the door of the committee room and shouting and chanting profanities at Shipley in the hallway outside the committee room following the meeting.

Transgender Iowans said the proposal would not provide the same legal protections to transgender Iowans as the current Civil Rights Act. They noted that not all transgender people are diagnosed with gender dysphoria.

Proponents argued likening gender dysphoria to a disability would add consistency to how the law is applied and keep transgender Iowans protected under the Iowa Civil Rights Act.

Shipley claimed his bill could expand legal protections for transgender Iowans because disability “has tremendous legal protection.”

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Annie Sarcone, director of the Des Moines Queer Youth Resource Center, criticized the bill's categorization of gender dysphoria as a disability.

"Gender dysphoria and being trans isn’t a disability. I’m not disabled," Sarcone said. "Shifting gender identity to a different code will actually make it harder to ensure protection. And quite frankly it’s disrespectful to people who have a disability who need that protection."

Ankeny High School student Elliot Sutton, 17, identifies as nonbinary.

Sutton has not been diagnosed with gender dysphoria, and feared the bill could lead to discrimination and denial of securing student loans and health coverage for gender transition treatments.

"If this bill passes, I probably am not going to stay in Iowa because I don’t want to live in a state that passes (legislation) that makes my life nearly impossible to live safely in our community," they said.

Statehouse Republicans in the past two legislative sessions have passed a series of new laws impacting transgender and other LGBTQ Iowans, including a ban on gender transition treatments and surgeries for minors, a ban on the teaching of gender identity or sexual orientation through sixth grade, a ban on transgender students using K-12 school bathrooms that align with their gender identity by requiring students to use the bathroom that aligns with their gender at birth, and a ban on transgender girls competing in girls sports.

The Cedar Rapids Civil Rights Commission issued a statement Wednesday strongly opposing the bill, saying it would strip transgender Iowans of vital protections from discrimination in employment, housing, education, public accommodations and credit practices.

“We oppose legislation that does not represent the values of our organizations, our communities, and our state,” the commission said. “We support policies that promote inclusion and ensure the rights of all people in all aspects of life.

“This bill not only violates fundamental Iowan values of fairness and equality but also inflicts demonstrable harm on individuals, communities, and our state's economic well-being.“

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Opponents argue the legislation will exacerbate Iowa's workforce recruitment and retention issues. A report by the U.S. Chamber of Commerce Foundation concluded that companies with LGBTQ-inclusive policies have higher employee retention rates and earn more revenue. It also outlined the steps these companies are taking to build an inclusive workplace.

They argue the bill damages Iowa's image and reputation; will lead to an increase in depression, anxiety and suicidal ideation among LGBTQ youth and lead to an increase in discrimination and violence against transgender Iowans.

Shipley, the bill's author, called the subcommittee meeting "the start of a conversation."

"There’s a lot of interest in this topic," he told reporters following the subcommittee. "There has been for a number of years. There are very relevant matters of law that need to be settled and so this topic is not going away."

He said those who oppose the bill and other legislation targeting transgender Iowans have created a retaliatory environment.

As Shipley left the committee room, some members of the crowd raised their middle fingers and began chanting profanities at him.

"This behavior is being encouraged," Shipley said. "They want to bully people into submission and it’s working on a lot of Republican lawmakers. They’re too afraid of the mob and that’s unfortunate."

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