In Iowa, while schools are restricted from teaching K-6 students about gender identity and sexual orientation, they can’t stop younger kids from participating in voluntary activities that involve related topics.
US District Judge Stephen Rocher’s recent decision stems from legislation signed by Iowa Governor Kim Reynolds (R) in 2023, which bars educators from discussing sexual identity and orientation with students up to sixth grade.
This law is part of a broader trend among GOP-led legislatures aiming to limit LGBTQ education and student involvement, and it prohibits Iowa school districts from offering “programs, curriculum, tests, surveys, or guidance on gender identity or sexual orientation for students from kindergarten through sixth grade.”
Judge Rocher noted that while there could be restrictions on how sexual orientation or gender identity information is enforced, he found the terms “programs” and “promotions” were overly expansive.
In his ruling, he pointed out that the law led some school districts to remove LGBTQ support symbols like Pride flags and safe space stickers from areas where younger students might see them during community events. Additionally, signs promoting LGBTQ-friendly groups were not allowed on lockers due to visibility for fifth and sixth graders. There were also concerns regarding teachers who identify as same-sex partners.
He mentioned, “This interpretation raises constitutional issues under the First Amendment concerning the limitations of ‘program’ and ‘promotion.'”
Rocher further argued that the law absurdly suggests that banning programs related to gender identity could also mean disallowing sports teams labeled “girls” or “boys,” along with other class or extracurricular activities that acknowledge gender identity.
Earlier in March, Rocher also blocked another part of the Iowa law that would prevent school libraries from carrying books that depict sexual acts. The state is currently appealing that ruling.
There hasn’t been an immediate response from Reynolds’ office or Iowa Attorney General Brenna Bird regarding this latest decision.
