Iowa Removes Gender Identity Protections from Civil Rights Code
In a significant legislative action, Iowa has become the first state in the United States to strip gender identity protections from its civil rights code. This development unfolded on Friday when Governor Kim Reynolds signed into law a measure that critics argue will pave the way for discrimination against transgender individuals and other residents in various facets of daily life.
The newly enacted law, set to take effect on July 1, signals an ongoing effort by Governor Reynolds and Iowa Republicans to impose restrictions on the use of facilities like bathrooms and locker rooms by transgender students, as well as their participation in sports teams, aiming to safeguard individuals identified as female at birth. Republican legislators contend that these policies cannot coexist alongside a civil rights code inclusive of gender identity protections.
The legislation, which moved swiftly through the legislature after being introduced just a week prior, establishes clear legal definitions of female and male based on reproductive organs present at birth, rejecting the concept of gender transition. A similar proposal from Reynolds last year failed to reach a full House or Senate vote.
Governor Reynolds addressed the issue in a social media video, recognizing its sensitivity for some people. “Acknowledging the obvious biological differences between men and women is common sense. In fact, it’s crucial for securing genuine equal protection for women and girls,” she expressed, suggesting that the previous civil rights code blurred the biological distinction between genders.
This state-level legislation echoes a previous federal effort by former President Donald Trump, who initiated an executive order on his first day in office to define male and female at a national level. Consequently, several Republican-led legislative bodies have advocated for laws delineating the two sexes. Trump endorsed the Iowa bill on his Truth Social platform following its passage through the Iowa House and Senate.
In the legislative process, a handful of House Republicans joined Democrats in opposing the bill, including Iowa state Rep. Aime Wichtendahl, a transgender woman. Overcome with emotion, Wichtendahl shared her narrative, asserting, “I transitioned to save my life.” She critiqued the bill as an attempt to erase and stigmatize transgender and LGBTQ+ individuals.
The bill’s passage triggered protests from hundreds of LGBTQ+ advocates congregated in the Capitol rotunda. Displaying signs with messages like “Trans rights are human rights” and chanting “No hate in our state!” their demonstrations were met with a substantial police presence. Some protesters remained until the bill’s final approval, visibly affected by the outcome.
While not all states incorporate gender identity within their civil rights codes, Iowa’s removal of nondiscrimination protections based on gender identity stands as a first. Logan Casey, a policy research director at the Movement Advancement Project, an LGBTQ+ rights think tank, highlighted this distinction.
Sexual orientation and gender identity were not initially components of Iowa’s Civil Rights Act of 1965 but were added in 2007, supported by a Democratic-led Legislature and some Republican members. While pushing the bill forward, Rep. Steven Holt emphasized the Legislature’s authority to amend such protections.
Starting July 1, Iowa’s civil rights law will continue to guard against discrimination related to race, color, creed, sex, sexual orientation, religion, national origin, or disability status. Nonetheless, the Iowa Supreme Court has previously ruled that discrimination based on sex does not extend to gender identity.
Advocacy organizations have pledged to defend transgender rights, with potential legal challenges anticipated. Keenan Crow, director of policy and advocacy for One Iowa, an LGBTQ+ advocacy group, communicated uncertainty regarding enforcement mechanisms due to the law’s vague language, asserting that they will explore all legal avenues to contest the legislation.
