# Brian Lohse



Can Iowa's "bathroom bill" withstand court challenge?

Republicans took another step last week toward making the Iowa legislature’s 2023 session the worst ever for LGBTQ people. After letting similar bills die without committee approval as recently as 2021, the GOP fast-tracked legislation this year that prohibits transgender people from using the school restroom or locker room that corresponds to their gender identity.

The Iowa Senate passed the latest “bathroom bill,” Senate File 482, on March 7 in a party-line vote. The Iowa House approved the bill on March 16 by 57 votes to 39, with five Republicans (Chad Ingels, Megan Jones, Brian Lohse, Phil Thompson, and Hans Wilz) joining every Democrat present in opposition.

Governor Kim Reynolds is expected to sign the bill, along with legislation banning gender-affirming health care for minors. At this writing, neither bill has been forwarded to her office.

Iowa’s GOP trifecta won’t have the final word on the subject, however. Transgender plaintiffs have challenged restrictive bathroom policies in several states, and I expect one or more Iowa students to file suit soon after Senate File 482 goes into effect.

During the floor debates in the Iowa House and Senate, lawmakers pointed to key issues courts will consider as they weigh the bill’s stated goal (protecting students’ privacy) against its adverse impact on a specific group (students whose sex listed on a birth certificate does not match their gender identity).

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Democrats blew a chance to connect with rural Iowa

Wally Taylor is the Legal Chair of the Sierra Club Iowa chapter.

Sierra Club has been opposed to the carbon dioxide pipelines that several corporations are trying to build across Iowa since the projects were first announced. The pipeline companies claim the capturing of carbon dioxide from ethanol plants will address climate change, save the ethanol industry, and provide economic benefits. There is no merit to any of these claims.

One thing we learned from the Dakota Access pipeline fight several years ago is that the crucial strategy to oppose the pipelines is to organize the impacted landowners into a unified opposition. Through the fantastic work of Sierra Club’s Conservation Program Coordinator, Jessica Mazour, the landowners have created a groundswell of opposition. Their efforts helped persuade Republican legislators to introduce bills that would restrict or prohibit the use of eminent domain for the pipelines.

State Representative Steven Holt introduced one of those bills. Initially numbered House File 368, it was renumbered House File 565 following approval by the House Judiciary Committee.

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Iowa ban on gender-affirming care would face uphill battle in court

Moving with unusual speed last week, Iowa Republican lawmakers approved Senate File 538, which broadly prohibits gender-affirming care, including puberty blockers, hormone treatments, and surgery, for Iowans under age 18.

Governor Kim Reynolds is expected to sign the bill soon, having used several opportunities over the past year to position herself against transgender youth.

The new law would certainly be challenged in court, as similar bans prompted lawsuits in Arkansas and Alabama.

During hours-long debates in the Iowa Senate and House, lawmakers raised points that would be central to litigation over whether banning gender-affirming care violates the constitutional rights of transgender children, their parents, and medical professionals.

For this post, I’ve pulled video clips to illustrate some of the core legal questions surrounding the bill. But there is much more of value in the passionate speeches delivered about Republicans’ latest attempt to target LGTBQ Iowans. You can watch the full Senate debate here (starting around 7:32:30) and the House debate here (starting around 1:40:45).

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Where things stand with bills targeting Iowans on public assistance

Proposals that would cause thousands of Iowans to lose Medicaid coverage or federal food assistance through the Supplemental Nutrition Assistance Program (SNAP) are eligible for floor debate in both the Iowa House and Senate.

Republicans in each chamber’s Health and Human Services Committee changed some provisions in the bills, now numbered House File 613 and Senate File 494, then approved the legislation before the March 3 “funnel” deadline. However, the amended versions would still threaten health care or food assistance for many Iowans who now qualify.

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What Iowa's remarkable medical malpractice debate revealed

“Medical Malpractice Reform gets Iowa back in the game of recruiting and retaining physicians to care for Iowans!” Governor Kim Reynolds tweeted on February 16. She had just signed House File 161, a bill limiting damages in medical malpractice lawsuits.

Reynolds waited a long time for that moment. Two years running, similar proposals failed to reach her desk for lack of support in the GOP-controlled state House.

The bill signing capped one of the most dramatic debates in recent Iowa political memory.

It’s rare for more than a handful of Republican lawmakers to go on record against any bill that’s a priority for leadership. Not only did seventeen GOP lawmakers oppose passage of House File 161, six members of the majority party explained their objections during the hours-long debates in the House and Senate on February 8.

In addition to exposing divisions within Republican ranks, some remarks from the legislative proceedings may become important if the new law is challenged in court.

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The twelve Iowa Republicans who voted against school vouchers

Less than two weeks after making her latest pitch for “school choice,” Governor Kim Reynolds got what she wanted. The Republican-controlled legislature approved the governor’s expansive school voucher program, by 55 votes to 45 in the Iowa House and 31 votes to 18 in the Senate.

The state of play in the lower chamber was in doubt as recently as a few days ago. Reynolds had only one public event on her schedule last week, but she held private meetings with more than a few House Republicans who either opposed her plan or were on the fence about approving an unlimited new entitlement for families choosing private schools. According to the fiscal analysis by the nonpartisan Legislative Services Agency, which does not include all expenses, the proposal will cost Iowa’s general fund an additional $878.8 million over the next four fiscal years, with costs reaching about $345 million during the fourth year.

House leaders changed the chamber’s rules to keep the voucher bill out of the Appropriations and Ways and Means committees, where there might not have been enough Republican support to send the legislation to the floor. Senate leaders used a procedural trick to prevent any Democratic amendments from being considered.

No GOP lawmakers spoke against the bill during the floor debates in either chamber. Three Republican holdouts (State Representatives Chad Ingels, Brian Lohse, and Tom Moore) indicated during the five-hour House session that they would like to be recognized by the chair. But each turned off their light at some point before being called on to speak.

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