A bill removing gender identity from being a protected class under Iowa civil rights law passed both the House and the Senate this past week and has been signed by the governor. Gender identity means that state where a person’s internal sense of their sex does not match their biological sex. Since 2007 when gender identity was passed by the legislature as a protected class under civil rights, a person could assert that they are the opposite sex and the law was required to protect them as such.
This law was intended to help protect from discrimination those who suffered from gender identity issues or gender dysphoria. It was well-intentioned but has not proved to be a help. Those people continue to experience mental health issues at a higher rate than the general population. Instead this proved to be a misguided public policy that has instead provided the legal basis for unintended consequences with which our society has struggled to resolve.
We have seen boys and men assert their “right” to use girls’ and women’s restrooms, locker rooms, changing areas and shower facilities. We have always expected these places would afford girls and women a place of privacy and safety from male intrusion.
We have also seen boys and men assert their “right” to compete against girls and women in women’s sports events, even beating out females and winning championships and scholarships, thus denying females the hard work they have invested in their sport.
This also has affected taxpayers as well. The legislature passed legislation that said Medicaid is not required to fund “sex-change” treatment, which is costly, and which the Medicaid program had always considered unnecessary and elective. But the Iowa Supreme Court ruled Medicaid was required to fund these treatments on the basis of this gender identity law. It turns out Iowa has already spent over $3 million on these treatments, a cost most taxpayers are opposed to.
In the past few years we have passed laws to protect women and children. We have prohibited boys and men from competing in female sports. We have required use of bathrooms, locker rooms, and shower facilities at schools to be based on biological sex. We have also prohibited sex-change or rather, sex-destroying, treatments for minors. All these legal protections are at risk as long as gender identity remained a protected class in our civil rights law. Just days ago, a lawsuit was filed that challenges Iowa’s requirement that boys and girls use their designated bathroom in schools. So it was imperative action needed to be taken.
Generally, civil rights protections apply to immutable characteristics, meaning characteristics that a person cannot change, like race, sex, age, color, ethnicity, national origin, disability, etc. Gender identity is not an immutable characteristic like race or sex. Advocates of gender identity openly say that gender is fluid and can change.
A couple exceptions to this are religion and creed. Both are not immutable because a person can change them. But they are considered fundamental rights going back hundreds of years and found in our nation’s founding documents as well as being prominent in our nation’s history beginning in the Founders’ era.
This does not create a license to discriminate, nor does it devalue any person. We must remember that only special rights attributable to a protected class are being removed, but that those suffering from gender dysphoria still have the same rights as all other Americans under our Constitution and Bill of Rights.
Currently Iowa has no male offenders in women’s prisons and we do not want to have any there. In addition, we want to keep women’s domestic violence shelters for women only. The same goes for detention facilities, rape crisis centers, and other places where health, safety, and privacy for women are important.
Also, keep in mind that 28 states, as well as the federal government, do not have protection for gender identity in their civil rights law. Mental health issues have persisted among those who struggle with gender identity regardless of the state laws on gender identity.
It is the duty of state government to provide a stable, safe environment for Iowans and to protect women, children, and taxpayers. Iowans expect our laws to reflect reality, fairness, respect for privacy, protection for safety, common sense, scientific fact, and biological truth.
Passed Committee
Governor’s Math Bill-SSB 1092: The governor is proposing to improve math and problem-solving skills with early identification and intervention for students, additional training and professional development for teachers, and resources for families to help at home. The Dept. of Ed. has rewritten the state’s math standards to replace Common Core math. Hopefully this will move us away from the frustrating experiences many parents have had assisting their children with Common Core math homework.
Age Verification for Porn Sites-SF 207: This bill updates our current laws regarding a minor’s access to pornography to reflect current technology. It requires a company on the internet that distributes pornography to use an age verification system (18 and older) in order to access the pornography. The company is required not to retain any identifying information of the individual.
Consumer Protection-SSB 1142: This bill places consumer protection regulations on digital financial asset transactions kiosks. This came to us because a number of elderly people have been scammed by criminals using these kiosks to steal money.
Child Care-SSB 1135: This bill allows a community child care provider to qualify as a statewide preschool program if it meets the requirements outlined by the Dept. of Ed. for school districts that offer this program. Also allows for competitive grant funding for transportation to and from the statewide preschool program (usually at a school) and a child care provider (usually in the community).
Conscience Protections for Prospective and Adoptive Foster Parents-SF 236: This law recognizes the freedom of foster parents and adoptive parents to decline to support or refrain from embracing any government policy regarding sexual orientation or gender identity that conflicts with the parents’ religious beliefs or moral convictions. The state cannot use a person’s sincerely held religious beliefs regarding sexual orientation or gender identity, including how they intend to guide, instruct, or raise a child, as justification to deny eligibility to foster or adopt. To be clear, this speaks merely to eligibility to foster or adopt at all, not a right to have any particular child placed with a family. The state is still required to make every individual placement consistent with the best interest of the child.
Ranked Choice Voting-SSB 1128: Prohibits ranked choice voting in Iowa. Ranked Choice Voting is a system where, rather than just voting for one candidate, voters must vote for (i.e., rank) all candidates to ensure that their ballots are counted and not trashed. This includes voting for candidates with whom a voter fundamentally disagrees. When no candidate receives more than 50 percent of the vote in the first round of tabulation, some voters’ ballots must be trashed to force a majority.
Service Animals-SF 234: This bill removes the requirement that a warning must be given that it is illegal to misrepresent a pet as a service animal. Under this bill no warning need be given before arrest for the criminal offense of misrepresenting a pet as a service animal.
Tax on Vaping-SSB 1137: Implements a tax on the retail sales of a vapor cartridge, vapor product requiring the use of an e-liquid, e-liquids sold separately from a vapor product, and nicotine pouch. Revenues from this tax will go into a fund used to do cancer research.
Personal Needs Allowance-SF 255: This bill increases the monthly personal needs allowance allowed Medicaid patients that are institutionalized from $50 to $65. The personal needs allowance would be increased in the future by the Consumer Price Index for the Midwest region to be capped at $100 per month.
Names & Pronouns in School-SF 8: Prohibits schools from taking disciplinary action against a school employee or student if they address others at the school using their legal name or their name on the school registration forms or if they don’t use personal pronouns in written communication.
Passed Subcommittee
Diversity, Equity, and Inclusion (DEI)-SF 335: Outlines stiffer processes for parent-driven enforcement of Iowa law passed a couple years ago already prohibiting teaching and promoting critical race theory (CRT) and sexual orientation and gender identity in schools. Eliminates DEI positions in K-12 schools. Community colleges are required to comply with law passed last year that prohibited DEI at the Regents universities.
Release Time in Schools-SF 280: Requires school districts to excuse students to attend released time religious education programs for at least one hour per week. Certain guidelines apply.
Medicaid Work Requirements-SF 363: Requires Medicaid recipients who are able-bodied adults ages 19-64 to work or volunteer 20 or more hours per week.
Foster Parent Custodial Rights-SF 329: Allows foster parents to provide emergency and routine medical care and participate in an Individualized Education Program (IEP) for a foster child in their care.
State Foster Care Advocate-SF 251: Establishes an independent advocate for foster parents to provide support and advocacy with HHS.
DEI in Local Governments-SSB 1150: Prohibits cities and counties from engaging in any DEI practices.
Obscenity Exemption-SF 235: Repeals the exemption from Iowa’s obscenity law for schools and libraries. It should not be acceptable to carry obscene or sexually explicit material in the library for kids to get when it is illegal everywhere else. It should not be that the only place now in Iowa that it is legally allowed for kids to access pornography is in the public library.
Enrich Iowa Funding-SF 238: To qualify for Enrich Iowa funding, a public library must not be a member of the American Library Association (ALA) or the Iowa Library Association (ILA). The ALA, and ILA by virtue of its association and close partnership with the ALA, has touted their “Freedom to Read” initiative which for all practical purposes, allows sexually explicit materials in libraries and refuses to protect kids from them and safeguard children’s innocence. As stated by the ALA, they oppose, “…all attempts to restrict access to library services, materials, and facilities based on the age of library users.” Simply stated, the ALA holds that all material, regardless of the content, should be available to children of all ages. Membership costs of the ALA and ILA are ultimately paid by taxpayers.
Sexual Abuse Victims-SF 364: This bill extends the statute of limitations to bring a civil case for minors who were victims of sexual abuse. This bill changes the time from 4 years (or 5 years in some cases) to 10 years after reaching age 18.
Public Health Disaster Emergency Reform-SF 406: The state may not require diagnostic tests, vaccinations, isolation or treatment of healthy people. If sick, they cannot be required to take a vaccination or a treatment but can be required to be isolated. The isolation period cannot last longer than the communicability period of the disease. Mandatory restrictions on freedom of movement and freedom of association are prohibited unless a person is sick or a warrant obtained. Individuals can share evidence-based information and experiences on the HHS website. Medical and religious exemptions for vaccinations that are required for attendance at public schools during a disaster emergency are restored during a public health emergency.
