Bill would expand teaching restriction on ‘gender identity,’ ‘sexual orientation’

As a 2023 law restricting schools from curriculum and instruction related to gender identity and sexual orientation for kindergarten through 6th grade remains challenged in court, state lawmakers on Wednesday discussed expanding this restriction to all grades.

An Iowa House subcommittee advanced House Study Bill 139 Wednesday on a 2-1 vote. The bill would expand one of the challenged provisions in the 2023 law. The measure would prohibit school districts, charter schools and innovation zone schools from providing “any program, curriculum, test, survey, questionnaire, promotion or instruction” related to gender identity or sexual orientation for all K-12 students.

Maxwell Mowitz with One Iowa said their organization is opposed to the bill because it would create an unwelcome environment and impact the well-being of LGBTQ+ students and school staff, but also said the Legislature should reconsider passing any further measures expanding a law currently challenged in court.

“We don’t think that it’s prudent to expand a bill that may be deemed illegal,” Mowitz said. “And leads me to question the introduction of this bill as anything other than to cause confusion and anxiety for school staff and students.”

The current restriction on these subjects for K-6 students was enacted through Senate File 496, signed into law in 2023, that is being challenged in federal court. Two lawsuits are challenging provisions in the law restricting books that contain descriptions or depictions of sex acts from being available in school libraries, in addition to the provision restricting content related to gender identity and sexual orientation.

In August 2024, a three-member panel of the U.S. Court of Appeals for the Eighth Circuit overturned an earlier preliminary injunction on the measure set by U.S. District Court Judge Stephen Locher. Plaintiffs went before Locher again for a renewed request of a preliminary injunction earlier in February.

LGBTQ students and families spoke in opposition to the measure, saying that the bill would adversely impact gay and transgender students by not allowing their lived experiences and identities to be brought up in school. Bethany Snyder, an Urbandale parent, said the bill will restrict students’ access to “accurate, age-appropriate information” on subjects related to gender and sexuality, which could be damaging especially for LGBTQ+ students who are already at higher risk of bullying and mental health problems.

She said the legislation would prevent schools from talking about families like her own.

“As a lesbian mom, I know firsthand how damaging that message is,” Snyder said. “We both grew up in a time when LGBTQ people were erased, when we didn’t see families like our own and our schools and communities. We know the shame and isolation that comes from silence, and we refuse to let our child, or any child in Iowa experience that.”

But Amber Williams with Inspired Life said the measure would ensure parents are “responsible for guiding their children’s understanding of gender and sexuality according to their values and their beliefs” and that schools should be focused on core subjects like math, reading, science and history.

“By keeping discussions of gender identity and sexual orientation out of the classroom, we protect students from age-inappropriate material and ensure that education remains free from ideological influence,” Williams said. “Teachers should not be burdened with these sensitive discussions, and students should not be subjected to concepts that may conflict with their family’s values. This bill does not prevent students from discussing these topics privately or seeking guidance from our parents, counselors and faith leaders, it simply ensures that public education remains neutral and focused on academics.”

Rep. Elinor Levin, D-Iowa City, did not sign off on the bill. Though some supporters of the bill said the measure is needed to ensure only factual information is taught in Iowa schools, Levin, an educator, said the bill will prevent teachers from discussing many real, relevant subjects.

“We heard the phrase, ‘let’s teach truth,’ I would love to do that,” Levin said. “I won’t be able to … teach my students fully about World War II because some of the folks who were targeted in the Nazi concentration camps were queer individuals. I would not be able to teach fully about the AIDS crisis. I would not be able to teach about the Stonewall riots. I would not be able to teach about any number of historical subjects going back to ancient history, because there is some reference to queer identity or to any gender identity or sexual orientation within that historical context.”

But Rep. Skyler Wheeler, R-Hull, said this measure is a way to “get back to the basics in education” and addresses concerns brought up by some Iowa constituents.

“On a weekly basis, I am sent things that are shown in our schools that are ridiculous, absolutely absurd,” Wheeler said. “I am tired of having parents send me pictures of classrooms with rainbow flags and transgender flags — some of which are bigger and longer and displayed much more boldly than the American flag or the Iowa flag is. I am tired of having parents bring books to me. I am tired of having parents bring lesson plans to me where it’s clearly pushing an agenda. I am sick of it, and I know Iowans are sick of it. That’s why we’re sitting in a super majority.”

The measure is now available for consideration by the House Education Committee.