USA: Iowa governor signs bill striking gender identity from state civil rights law

Iowa Governor Kim Reynolds on Friday signed into law a bill that removes gender identity as a protected class under Iowa civil rights law.

Reynolds emphasized that the state’s “Civil Rights Code blurred the biological lines between the sexes” in an unacceptable manner and that the new law will strengthen the state’s efforts to protect women and girls.

The governor stated:

[A]cknowledg[ing] the obvious biological differences between men and women … is necessary to secure genuine equal protection for women and girls. It is why we have men and women’s bathrooms, but not men and women’s conference rooms; girls’ and boys’ sports, but not girls’ math and boys’ math; separate men and women’s prisons, but not different laws for men and women. It is about the biological differences, and that is all.

The classes commonly protected under Iowa civil rights law are “race, creed, color, sex, sexual orientation, national origin, religion, or disability.” Iowa law prohibits discrimination against protected classes in schooling, housing, real estate, loaning, and employment practices. 

The new law, however, changes the statutory construction of terms relating to sex and gender, stating that an individual’s sex is to be construed as being “either [biologically] male or female as observed or clinically verified at birth.” Gender is to be construed as synonymous to sex and not as a shorthand for “gender identity, experienced gender, gender expression, or gender role.” Additionally, “woman” and “girl” are to be construed as referring to a female, and “man” and “boy” are to be construed as referring to a male.

The law further provides that exceptions to sex discrimination are allowed “in prisons or other detention facilities, domestic violence shelters, rape crisis centers, locker rooms, restrooms, and in other contexts where health, safety, or privacy are implicated resulting in separate accommodations” because they “are substantially related to … important government objectives.”

The law also prohibits teaching “gender theory” in public and charter schools. It defines gender theory to include:

The concept that an individual who experiences distress or discomfort with the individual’s sex should identify as and live consistent with the individual’s internal sense of gender, and that an individual can delay natural puberty and develop sex characteristics of the opposite sex through the use of puberty blockers, cross-sex hormones, and surgical procedures.

Prior to its passage, ACLU of Iowa Executive Director Mark Stringer called the bill “barbaric.” He elaborated that gender identity has been protected under Iowa civil rights law for almost two decades. He stated:

If Gov. Kim Reynolds signs this bill, Iowa will become the first state in the country to repeal protections for LGBTQ people from its state civil rights law. Iowa has been a trailblazer in advancing civil and basic human rights—from banning slavery all the way to ensuring marriage equality. In many instances, our laws have helped advance the causes of freedom and equality in our nation. It is shocking to think that Iowa may now become another first—the first to specifically single out transgender people for removal of their legal rights as enshrined in state antidiscrimination law.

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