Latest news with #StephenLocher
Yahoo
16-05-2025
- Politics
- Yahoo
Court again blocks key elements of Iowa's school book ban
A federal judge has again temporarily blocked portions of an Iowa law restricting school books with sexual content. (Photo by) A federal judge has again temporarily blocked portions of an Iowa law aimed at restricting schools' recognition of LGBTQ+ people and banning books with sexual or LGBTQ+ content. The law, which was signed by Gov. Kim Reynolds in May 2023, was immediately challenged by Lambda Legal and ACLU of Iowa on behalf of students, teachers and the organization Iowa Safe Schools. As originally written, the law prohibits school districts and educators from providing 'any program, curriculum, test, survey, questionnaire, promotion, or instruction relating to gender identity or sexual orientation to students in kindergarten through grade six.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX The court had previously enjoined the law because the terms 'gender identity' and 'sexual orientation' were defined so broadly as to make it impossible for a reasonable school district, teacher, or student to understand what, exactly, was prohibited. The U.S. Court of Appeals for the Eighth Circuit vacated the district court's injunction and remanded the case with instructions to the district court to address the legality of a narrower interpretation of the law. Thursday's preliminary injunction reflects the district court's conclusion that there are parts of the law that do pass constitutional muster, but only under such a narrow interpretation. 'The restrictions on 'programs' and 'promotion' relating to gender identity and sexual orientation cannot reasonably be interpreted in a manner consistent with the First Amendment,' U.S. District Court Judge Stephen Locher ruled. 'The words 'program' and 'promotion' are simply too broad to refer only to mandatory classroom curriculum and instead prohibit school districts and educators from, among other things, making extracurricular activities relating to gender identity and sexual orientation available to students in grade 6 or below. These restrictions therefore violate students' First Amendment rights and are facially unconstitutional.' In his ruling, Locher set out what precisely what portions of the law are, and are not, enforceable: — Detailed instruction banned: School districts and educators may not provide mandatory lessons or instruction to students in grade 6 or below that include detailed explanations or normative views on 'gender identity' or 'sexual orientation.' — Neutral references allowed: School districts and teachers may provide mandatory lessons or instruction to students in grade 6 or below that contain neutral references to gender identity or sexual orientation. The lessons and instruction simply cannot focus on those topics. Teachers may make other neutral references to any gender identity and any sexual orientation during classroom instruction — for example, by referring to their partner even if the individual is of the same sex. — Student groups allowed: Students in grades 6 and below must be allowed to join Gender Sexuality Alliances, or GSAs, and other student groups related to gender identity and/or sexual orientation. — Promotion of student groups allowed: School districts and educators must be permitted to advertise GSAs and other student groups that relate to gender identity or sexual orientation to all students, including those in grade six and below, to the same degree as they might promote any other student group. — Parental notification allowed in some cases: State officials and school districts may inform parents when a student asks for an accommodation in the form of a pronoun that's at odds with their gender listed in school records, but they may not do so to any other student requests for an accommodation. 'We're pleased that our clients, Iowa families and students, can look forward to the next school year without facing the harms of this unconstitutional law,' said Nathan Maxwell, senior attorney at Lambda Legal. 'This ruling acknowledges that Iowa students and teachers have experienced real harm from this law. The court agreed with us that the latitude afforded the state to determine school curricula does not empower lawmakers to erase any mention of LGBTQ+ people altogether from schools, nor to put students in harm's way for failing to meet ambiguous and arbitrary standards for gender expression. Lastly, the court here makes it clear, yet again, that banning books with LGBTQ+ content or censoring inclusive messages for LGBTQ+ students is unacceptable.' 'This is an important win for our clients and others harmed by this overreaching law,' said Thomas Story, ACLU of Iowa staff attorney. 'The federal district court has blocked the state from enforcing many of the worst aspects of Senate File 496. Under this order, Iowa teachers no longer can be disciplined simply because their classroom contains a Pride flag or their library contains books with LGBTQ+ characters. Students of all ages are once again free to join GSAs and to promote them to their classmates.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
16-05-2025
- Politics
- Yahoo
Judge again blocks parts of Iowa's law banning LGBTQ+ instruction in schools
You can still say gay in Iowa elementary schools. You just can't teach any lessons about it, a federal judge has ruled. U.S. District Judge Stephen Locher issued an order Thursday, May 15, partially blocking Iowa's 2023 law restricting schools from teaching or allowing discussions about LGBTQ+ topics. Derided by foes as the "Don't Say Gay" law, Senate File 496 sought to ban "inappropriate" books from school libraries and forbade providing 'any program, curriculum, test, survey, questionnaire, promotion, or instruction relating to gender identity or sexual orientation" in grades K-6. The law is the subject of two ongoing lawsuits, one by a group of book publishers and authors and the other by a LGBTQ+ advocacy group and a number of students and parents. Locher entered an order blocking the law in both cases in January 2024, but a federal appeals court reversed the decision and sent the cases back to him for reconsideration under a recent U.S. Supreme Court precedent. In March, Locher once again issued an injunction in the publishers' case, blocking the parts of the law involving school libraries. Thursday's order comes in the second lawsuit, which challenged several other provisions of the law. This time, Locher found that parts of the law forbidding any "curriculum, test, survey, questionnaire ... or instruction," were constitutional. But the bar on "programs" and "promotion" related to LGBTQ+ topics is too broad, he found. That means teachers are lawfully barred from providing "mandatory lessons or instruction to students in grade six or below that include detailed explanations or normative views on 'gender identity' or 'sexual orientation.' But they can still provide lessons with "neutral references" to LGBTQ+ people — for example, by assigning readings that mention same-sex couples so long as their sexual orientation is not the focus of the text. Teachers also do not have to conceal being in same-sex relationships, and are permitted to sponsor and promote extracurricular Gender & Sexuality Alliance, or GSA, clubs. The plaintiffs also challenged a provision requiring schools to notify parents when students seek "accommodations" for their gender identity. The law doesn't define "accommodation" and is therefore unconstitutionally vague, Locher wrote, except where it specifically mandates schools notify parents if a student asks to use different pronouns. That rule is unambiguous and can be enforced, he said. Investigation: Iowa book ban's toll: 3,400 pulled books, including '1984' and 'To Kill a Mockingbird' The ruling means that many of the actions school districts have taken to comply with the law are now unnecessary. For example, Locher noted, some districts, including Des Moines', had shut down GSA clubs in some or all schools, or banned them from advertising through posters or announcements. One plaintiff teacher said he was told not to mention his husband at all in the presence of students. Urbandale officials had ordered the removal of all LGBT visual representations, including pride flags and safe space stickers, from classrooms even in the district's high school to ensure no elementary student would see them. While the ruling leaves in place Iowa's ban on direct instruction on LGBT issues, it's not clear how many Iowa teachers, if any, were teaching lessons prior to the law that included the "detailed explanations or normative views on 'gender identity' or 'sexual orientation'" the law forbade in elementary grades and kindergarten. In a statement, the American Civil Liberties Union of Iowa, which is representing the plaintiffs, described the order as a win for its clients. "This ruling acknowledges that Iowa students and teachers have experienced real harm from this law," ACLU attorney Nathan Maxwell said. "The court agreed with us that the latitude afforded the State to determine school curricula does not empower lawmakers to erase any mention of LGBTQ+ people altogether from schools, nor to put students in harm's way for failing to meet ambiguous and arbitrary standards for gender expression." Iowa Attorney General Brenna Bird, who defended the law, promised further litigation. 'I will continue to fight to uphold Iowa's law protecting our children," she said in a statement. "Children shouldn't have inappropriate books or instruction. Parents need to be kept informed about their kids. We are looking at next steps, including appeal.' William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@ or 715-573-8166. This article originally appeared on Des Moines Register: Iowa law excluding LGBTQ+ issues from schools partly blocked by court
Yahoo
16-05-2025
- Politics
- Yahoo
Judge upholds Iowa restrictions on gender identity, sexual orientation teaching
Iowa schools cannot teach K-6 students about gender identity and sexual orientation, but young students can't be prohibited from engaging in voluntary activities related to the topics or shielded from materials directed at others, a Biden-appointed federal judge ruled on Thursday. U.S. District Judge Stephen Locher's split decision stems from a law Iowa Gov. Kim Reynolds (R) signed in 2023 that banned educators from broaching the topics of gender identity and sexual orientation with students through sixth grade. The law, part of a wave of efforts among GOP-dominated legislatures to curtail LGBTQ education and student activities, bans Iowa school districts from offering 'any program, curriculum, test, survey, questionnaire, promotion, or instruction relating to gender identity or sexual orientation to students in kindergarten through grade six.' Locher agreed with the state that mandatory instruction of sexual orientation or gender identity can be prohibited because it is not discriminatory to information about LGBTQ issues, but he struck down the references to 'programs' and 'promotion,' saying they were overly broad. Locher cited in his ruling that the law has prompted some school districts to remove visual representations of LGBTQ support, including pride flags and safe space stickers in high schools because younger students could see the symbols during community events; prohibit students from hanging signs on their lockers promoting LGBTQ-friendly groups because fifth and sixth graders could see them while passing through the hallways; and tell teachers in same-sex relationships not to mention their partners within earshot of students; among other concerns. 'Under this plain meaning interpretation, the restrictions on 'programs' and 'promotion'run into constitutional problems under the First Amendment,' he wrote. He also noted what he deemed the 'absurdity problem' of banning 'programs' related to gender identity, hypothetically offering it 'would mean the law bans 'girls' and 'boys' sports teams and any other classroom or extracurricular activity that recognizes and endorses gender identity.' In a March ruling, Locher blocked a separate component of the same Iowa law that prohibits school libraries from carrying books that depict sex acts. The state is challenging that decision. Reynolds's office and a spokesperson for Iowa Attorney General Brenna Bird didn't immediately respond to The Hill's requests for comment. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
The Hill
16-05-2025
- Politics
- The Hill
Judge upholds Iowa restrictions on gender identity, sexual orientation teaching
Iowa schools cannot teach K-6 students about gender identity and sexual orientation, but young students can't be prohibited from engaging in voluntary activities related to the topics or shielded from materials directed at others, a Biden-appointed federal judge ruled on Thursday. U.S. District Judge Stephen Locher's split decision stems from a law Iowa Gov. Kim Reynolds (R) signed in 2023 that banned educators from broaching the topics of gender identity and sexual orientation with students through sixth grade. The law, part of a wave of efforts among GOP-dominated legislatures to curtail LGBTQ education and student activities, bans Iowa school districts from offering 'any program, curriculum, test, survey, questionnaire, promotion, or instruction relating to gender identity or sexual orientation to students in kindergarten through grade six.' Locher agreed with the state that mandatory instruction of sexual orientation or gender identity can be prohibited because it is not discriminatory to information about LGBTQ issues, but he struck down the references to 'programs' and 'promotion,' saying they were overly broad. Locher cited in his ruling that the law has prompted some school districts to remove visual representations of LGBTQ support, including pride flags and safe space stickers in high schools because younger students could see the symbols during community events; prohibit students from hanging signs on their lockers promoting LGBTQ-friendly groups because fifth and sixth graders could see them while passing through the hallways; and tell teachers in same-sex relationships not to mention their partners within earshot of students; among other concerns. 'Under this plain meaning interpretation, the restrictions on 'programs' and 'promotion'run into constitutional problems under the First Amendment,' he wrote. He also noted what he deemed the 'absurdity problem' of banning 'programs' related to gender identity, hypothetically offering it 'would mean the law bans 'girls' and 'boys' sports teams and any other classroom or extracurricular activity that recognizes and endorses gender identity.' In a March ruling, Locher blocked a separate component of the same Iowa law that prohibits school libraries from carrying books that depict sex acts. The state is challenging that decision. Reynolds's office and a spokesperson for Iowa Attorney General Brenna Bird didn't immediately respond to The Hill's requests for comment.
San Francisco Chronicle
16-05-2025
- Politics
- San Francisco Chronicle
Judge OKs Iowa limits on K-6 gender identity, sexual orientation teaching but not elective programs
DES MOINES, Iowa (AP) — Iowa can continue to restrict instruction on gender identity and sexual orientation in schools up through the sixth grade, a federal judge said, but has to allow nonmandatory programs related to the topics. U.S. District Judge Stephen Locher offered a split decision late Thursday, siding in part with a LGBTQ advocacy organization, teachers and students who sued the state. In a separate ruling in March, Locher again temporarily blocked another disputed component of the law, which would prohibit school libraries from carrying books that depict sex acts. Iowa has asked the U.S. Eighth Circuit Court of Appeals to overturn that decision. Republican majorities in the Iowa House and Senate passed the law in 2023, intending to reinforce what they consider to be age-appropriate education in kindergarten through 12th grades. It's been a back-and-forth battle in the courts in the two years since. The provisions of the law that are being challenged were temporarily blocked by Locher in December 2023, just before they became enforceable. That decision was overturned in August by the U.S. Eighth Circuit Court of Appeals, meaning the law has been enforceable for most of the current school year. The appellate court told the lower court that it failed to apply the correct analysis in determining whether to temporarily block the law. An attorney for the LGBTQ students, teachers and advocacy organization told Locher in February that the law is overly broad because it prohibits 'any program, curriculum, test, survey, questionnaire, promotion, or instruction relating to gender identity or sexual orientation' in kindergarten through sixth grade. Opponents argued the law is vague enough to limit any information accessed or activity engaged in within the school. Locher agreed in his decision that any 'program' or 'promotion' is broad enough to violate students' First Amendment rights and those provisions are therefore on hold. But restrictions on curriculum, tests, surveys, questionnaires or instruction can be interpreted in the way the state argues, as applying only to the mandatory school functions. Locher laid out specifically what that means: 'Students in grades six and below must be allowed to join Gender Sexuality Alliances ('GSAs') and other student groups relating to gender identity and/or sexual orientation.' And the district, teachers and students 'must be permitted to advertise' those groups. On the other hand, teachers are not allowed to provide mandatory instruction that include 'detailed explanations or normative views' on the issues, Locher said. "It does not matter whether the lessons or instruction revolve around cisgender or transgender identities or straight or gay sexual orientations. All are forbidden." The state education agency's rules on the law say they will not take a neutral statement on gender identity and sexual orientation to be a violation of the law. During a February hearing, Locher posed questions to the state's attorney asking, for example, how a teacher should decide whether a book featuring a same-sex couple is a neutral portrayal allowed under the law, or whether it is a positive or affirming portrayal. The state often said the answers depend on context. Opponents of the law said that means the measure is too vague. Locher's decision dictated that neutral references where sexual orientation or gender identity aren't the focus is allowed. That means books with characters of varying gender identities or sexual orientations are permitted, so long as those 'are not the focus of the book or lesson.'
