Des Moines, Iowa (AP) – Iowa can continue Limit the instruction The federal judge said about gender identity and sexual orientation at schools up to sixth grade, but said that non-mandatory programs related to the topic must be permitted.
US District Judge Stephen Rocher filed a split decision late Thursday, with some with students suing LGBTQ advocacy organizations, teachers and states. Attorney General Brenna Byrd said in a statement Friday that she is committed to complying with Iowa laws, and that her office is “seeing the next steps, including appeal.”
In another ruling in March, Rochell I was temporarily blocked again Another contested component of the law would prohibit school libraries from carrying books depicting sexual acts. Iowa is asking the U.S. Court of Appeals for the Eighth Circuit to overturn the decision.
The Republican majority in the Iowa House and the Senate were intended to pass the law in 2023 to strengthen what they consider to be age-appropriate education for kindergarten through 12th grade. It has been a long-term fight in court ever since. The legal provisions that are being challenged are Temporarily blocked Just before they were able to enforce them due to Rocher in December 2023.
That decision was It was overturned in August This means that the law was enforceable for most of the current school year by the U.S. Court of Appeals for the Eighth Circuit. The appeals court told lower courts that the correct analysis could not be applied when deciding whether to temporarily block the law.
Lawyers for LGBTQ students, teachers and advocacy organizations told Locher in February that the law was very broad as it banned “programs, curriculum, testing, research, surveys, promotions, or mentoring about gender identity or sexual orientation” between sixth and sixth grades. Opponents argued that the law was ambiguous enough to limit information or activities accessed within the school.
Locher agreed to his decision in his decision that these provisions were pending because “programs” or “promotions” were broad enough to violate the student’s first right to amendment. However, restrictions on curriculum, testing, surveys, surveys, or directions can be interpreted as applying only to essential school functions in the manner state argued.
Locher states, “Students in Grade 6 and below must be permitted to participate in other student groups related to gender identity and/or sexual orientation,” and districts, teachers and students must be permitted to “advertise” those groups.
Meanwhile, teachers are not permitted to provide mandatory instructions, including “a detailed explanation or normative view” on the issue, Locher said. “It doesn’t matter whether the lessons or teaching revolves around cisgender or transgender identity, or straight or gay sexual orientation. Everything is prohibited.”
The regulations regarding the laws of state educational institutions say they do not make neutral statements about gender identity and sexual orientation to be breached by the law.
During the February hearing, Rocher poses a question to the state lawyer. For example, teachers asked how a book featuring same-sex couples should be determined whether it is a neutral depiction permitted under the law, or whether it is a positive or positive depiction.
The state often said the answers depend on context. Opponents of the law said that meant the measure was too vague.
Locher’s decision determined that neutral references are permitted where sexual orientation or gender identity is not allowed. That means books are allowed that include a variety of characters with gender identity and sexual orientation. As long as it is not the focus of a book or lesson.
Rocher also said that teachers can refer to a partner, even if the partner is of the same sex.
The attorneys for Iowa’s safe schools, students and teachers who sued the state said Friday the ruling was a victory.
“Under this order, Iowa teachers can no longer be disciplined simply because their classrooms contain pride flags or libraries contain books with LGBTQ+ characters,” says Thomas Story, a staff lawyer for the American Civil Liberties Union in Iowa. “This law should not interfere with school districts that support efforts to support, including LGBTQ+ students, with certain narrow exceptions.”
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