A federal judge has delivered a mixed ruling on Iowa’s controversial “Don’t Say Gay” law, upholding the restriction on discussions of gender identity and sexual orientation from kindergarten through Year 6, but striking down several other provisions on constitutional grounds.
The 2023 law, known as Senate File 496 (S.F. 496), prohibits “any program, curriculum, test, survey, questionnaire, promotion, or instruction relating to gender identity or sexual orientation” in early education. Critics say it mimics Florida’s legislation and targets LGBTQ+ visibility in schools.
Split Ruling Upholds Core Curriculum Restrictions
U.S. District Judge Stephen Locher, appointed by former President Joe Biden, ruled late last week that the state may lawfully restrict LGBTQ+ content in compulsory instruction, curriculum, and testing for students in kindergarten through Year 6.
“It does not matter whether the lessons or instruction revolve around cisgender or transgender identities or straight or gay sexual orientations. All are forbidden,” Judge Locher stated, as reported by ABC News.
But Bans on “Promotion” and Student Groups Struck Down
However, Locher ruled that the law’s bans on any “programmes” or “promotions” related to LGBTQ+ people are overly broad and violate students’ First Amendment rights. The ruling highlighted real-world consequences of the law, including the removal of Pride flags, safe space signage, and support materials for LGBTQ+ students.
According to The Hill, the law had forced some school administrators to instruct teachers in same-sex relationships not to speak about their partners at school.
In a notable part of the decision, Locher affirmed that students in Years K-6 must be allowed to join Gender and Sexuality Alliances (GSAs) and similar groups. “Teachers and students must be permitted to advertise those groups,” the ruling read. He added that teachers may also make neutral references to LGBTQ+ content in literature, provided such content is not the focus of the lesson.
Mixed Outcome on Trans Accommodations and Forced Outing
Judge Locher also blocked the law’s vague prohibition on “accommodations” for transgender and nonbinary students, ruling that the lack of a clear definition rendered it unconstitutional.
However, he upheld the law’s so-called forced outing provision, which mandates that teachers inform parents when a student requests to be addressed by a different name or pronoun, potentially outing them to unsupportive family members.
Legal Challenge Continues
The case was brought by the ACLU of Iowa and Lambda Legal on behalf of the LGBTQ+ advocacy group Iowa Safe Schools and seven students and families. The plaintiffs argue that the law discriminates against students based on sexual orientation and gender identity, in violation of the First Amendment, the Equal Protection Clause, and the Equal Access Act.
This isn’t the first setback for Iowa’s legislation. In March, Judge Locher blocked a provision that enabled schools to remove books containing LGBTQ+ themes or references to sex acts. He pointed out that of the 3,400 books removed, most were not obscene, and criticised a contradictory exemption for the King James Bible, which contains explicit content.
As the legal battle continues, this ruling offers partial relief to students and educators advocating for inclusion and free expression in Iowa schools.
