# Civil Rights



Queen Susie and Grandmother Rebecca

This column by Daniel G. Clark about Alexander Clark (1826-1891) first appeared in the Muscatine Journal on Nov. 15, 2023. Above: Detail from illustration by Hayle Calvin.

Susie the Brave
was also Susie the Queen
who was born in a town
called Muscatine.

So begins the picture book Susie Clark: The Bravest Girl You’ve Ever Seen: Desegregating Iowa Schools in 1868.

You say you never knew there was
a Queen in Muscatine?
Well, get ready to meet
the bravest girl you’ve
ever seen!

Susie’s father is Alexander Clark, the most famous “colored” person in 1860s Iowa. He has just won the court case which bears her name and makes her a public figure at age 13.

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Susie Clark publicity

This column by Daniel G. Clark about Alexander Clark (1826-1891) first appeared in the Muscatine Journal on November 1, 2023.

Back in January I told of forthcoming books about Susan Clark and said she had a publicity problem.

“Never heard of her” was indeed a buzz surrounding the mid-October release of the picture book by author Joshalyn Hickey-Johnson and illustrator Hayle Calvin—“Susie Clark: The Bravest Girl You’ve Ever Seen: Desegregating Iowa Schools in 1868.”

Iowans, even long-time Muscatine residents, exclaimed that the true story was new to them.

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On collusion—not separation—of church and state

Photograph of the painting The Sermon on the Mount by Carl Bloch, 1890

Herb Strentz was dean of the Drake School of Journalism from 1975 to 1988 and professor there until retirement in 2004. He was executive secretary of the Iowa Freedom of Information Council from its founding in 1976 to 2000.

Another nightmare of Iowa legislation is upon us in Senate File 2095 and House File 2454, companion bills lumped together as the Religious Freedom Restoration Act (often known as RFRA). 

The legislation would be more appropriately labeled FACT, for Fearful, Arrogant, Callous Threats to Iowans’ civil rights. That’s because Senate File 2095 would turn upside down the Religious Freedom Restoration Act that Congress approved and President Bill Clinton signed in 1993.

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Activists twist religious freedom laws to enable discrimination

Connie Ryan is Executive Director of the Interfaith Alliance of Iowa and Action Fund. She first published a version of this essay in the Des Moines Register.

Religious freedom is one of our country’s most fundamental rights. Religious freedom is also already protected through the First Amendment to the U.S Constitution as well as Article I, Section 3 of our state’s constitution. The rule of law is also important.

Iowa Senate Republicans approved Senate File 2095, known as the religious exemptions law or “Religious Freedom Restoration Act” on February 20. But even some Republicans have major concerns with the legislation.

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United front needed to fight systemic barriers facing transgender people

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Alexandra Dermody is a Davenport-based Gen Z community advocate, nonprofit director, and small business owner.

The experience of transgender Americans is fraught with difficulty, particularly for trans women of color, who are disproportionately targeted for violence and prejudice. Startling data from the Trans Murder Monitoring project exposes a disturbingly high number of murders of transgender individuals worldwide, with a notable portion occurring in the United States.

This violence is not haphazard but rather a direct result of pervasive discrimination present in all aspects of society—from employment opportunities to inadequate health care access. These are not isolated occurrences, but rather symptomatic of a larger societal issue that systematically deprives transgender individuals of their basic rights and humanity.

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1883 civil rights ruling “will frame mischief”

This column by Daniel G. Clark about Alexander Clark (1826-1891) first appeared in the Muscatine Journal on October 4, 2023.

The longest writing I’ve seen by Alexander Clark appears on page 1 of this newspaper two days after Christmas 1883.

The editors give the title “CIVIL RIGHTS” with subtitle “Views of a Distinguished Colored Citizen on the Subject.”

Apparently their readers knew enough—and cared enough—about the subject to slog through two full-length columns, most of the non-advertising content of the page. His letter comes to well over 2,000 words, maybe as much as three times my column here.

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Discriminating against transgender people does not make anyone safer

Laura Hessburg is Director of Public Policy for the Iowa Coalition Against Domestic Violence. This commentary is slightly adapted from comments she delivered at the public hearing on House File 2389 on February 12.

The Iowa Coalition Against Domestic Violence (ICADV) urges legislators to reject House File 2389, a bill permitting and enabling discrimination against trans individuals. We believe this bill is harmful, unnecessary, and appalling for a variety of reasons. Our remarks address the harmful impact it will have on ensuring crime victims have equal access to support services and emergency shelter.

ICADV supports 22 local victim service provider agencies across Iowa, including eight domestic violence shelters, providing support services to victims of violent crime (domestic violence, sexual assault, child abuse, human trafficking, homicide). The largest source of funding for this work comes from federal grants. As a condition of receiving federal funding, agencies are required to ensure equal access to accommodations and services as per non-discrimination provisions in federal law under the Violence Against Women Act, the Fair Housing Act, and HUD equal access regulations. This bill puts agencies in direct conflict with federal grant obligations and state law—and for many victims, this confusion creates another barrier to accessing support services.

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No one needs a civility lecture from Jeff Shipley

Photo by Greg Hauenstein of protesters at the Iowa state capitol on January 31, 2024.

“If you wish to enjoy civil rights, being able to act and behave civilly is a prerequisite,” State Representative Jeff Shipley tweeted on January 31, shortly after his latest effort to take civil rights protections away from transgender Iowans went down in flames.

Even for a practiced troll like Shipley, it was a remarkably ignorant and obnoxious statement.

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Governor's latest attack on trans Iowans can't be constitutional

Photo by Laura Belin from a rally outside the Iowa capitol on March 5, 2023

UPDATE: On February 6, Republicans advanced this bill from an Iowa House subcommittee. A few hours later, the full House Education Committee amended the bill to remove the driver’s license section, then approved it along party lines. Democrats requested a public hearing, which took place on February 12 (video). Following committee passage, the bill was renumbered as House File 2389. Original post follows.

Governor Kim Reynolds didn’t give LGBTQ Iowans even one full day to celebrate the downfall of a bill to remove gender identity protections from Iowa’s civil rights law.

The latest legislative proposal from the governor’s office would lay the foundation for “separate but equal” treatment of transgender Iowans and what one advocate called an “astonishing government violation of privacy rights.”

Although House Study Bill 649 contains some language designed to bolster the state’s potential defense in court, there’s no way the governor’s newest effort to codify discrimination against LGBTQ people could be constitutional.

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Are trans Iowans losing their civil rights? Will I be next?

Bernie Scolaro is a retired school counselor, a past president of the Sioux City Education Association, and former Sioux City school board member.

An Iowa House subcommittee will consider House File 2082 on January 31. Republican State Representative Jeff Shipley introduced this bill, which would remove gender identity as a protected class under the Iowa Civil Rights Act.

I wanted to start with some anecdotal story about a time when I had rights and lost them, but I could not come up with anything. Then I realized, of course I haven’t experienced this. Rights are not usually given and then taken away randomly. One might lose a driver’s license after drunk driving or speeding, but not because the government arbitrarily decided one should no longer be eligible to drive. That’s part of the problem with HF 2082.

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Trans Iowans face broadest civil rights threat in years

UPDATE: After this post was published, the Iowa Business Council, Technology Association of Iowa, and Greater Des Moines Partnership registered against the bill.

SECOND UPDATE: Subcommittee members voted 3-0 on January 31 not to advance this bill. Original post follows.

An Iowa House Judiciary subcommittee will soon consider the broadest threat to trans rights since lawmakers added gender identity protections to the Iowa Civil Rights Act in 2007, the first year of a Democratic trifecta. House File 2082 would remove gender identity as a protected class, while redefining “a diagnosis for gender dysphoria or any condition related to a gender identity disorder” as a disability under the civil rights act.

Eighteen organizations are already registered against the bill, which is scheduled for a subcommittee hearing on January 31.

But as the Republican-controlled legislature’s attacks on transgender Iowans continue to escalate, some groups that helped hold the line against past efforts to rewrite the civil rights code are on the sidelines, for now.

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Haley and Trump wear their Confederate gray

Dan Piller was a business reporter for more than four decades, working for the Des Moines Register and the Fort Worth Star-Telegram. He covered the oil and gas industry while in Texas and was the Register’s agriculture reporter before his retirement in 2013. He lives in Ankeny.

Nikki Haley needed an entire day to admit, rather furtively, that slavery was a possible cause of the Civil War. Donald Trump thinks that the bloody struggle from 1861-65 (which Trump, in a rare burst of accuracy, described as “very rough time”) happened because Abraham Lincoln was born too soon to read the “Art of the Deal.” Had the Great Emancipator been so fortunate, Trump said in Newton on January 6, “you probably wouldn’t even know who Abraham Lincoln was.”

Iowans whose knowledge of the Civil War goes slightly beyond Ken Burns’ PBS series three decades ago are shaking their heads in wonderment at such ignorance. But history is as much a vantage point than an absolute certainty. I learned that lesson in September, 1963, and the first days of classes in my junior year at Lincoln High School in the Nebraska capitol city.

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Tremont Hall reminiscences

Muscatine Journal article from February 28, 1953 about the planned demolition of historic Tremont Hall

This column by Daniel G. Clark about Alexander Clark (1826-1891) first appeared in the Muscatine Journal on April 19, 2023.

May is Preservation Month, the nationwide celebration of historic places and reminder of the importance of preservation.

Early in 2022 I set out to relate pieces of our shared story framed as local Black History. This is Column 56, with pieces yet to be found.

Last time I told that Frederick Douglass spoke here in 1866, as “Tremont Hall, one of the largest in the State, was packed to its utmost capacity….” Apparently, from various reports, a full house numbered well above 300.

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Frederick Douglass packs the hall

Muscatine Journal, May 5, 1866, “Mr. Douglass was the guest of Alex. Clark, a colored citizen, […]”

This column by Daniel G. Clark about Alexander Clark (1826-1891) first appeared in the Muscatine Journal on April 5, 2023.

This little item caught my eye and triggered today’s column.

“A new historical marker was erected [Mar. 8] in Champaign, Illinois, to mark the site where Frederick Douglass spoke in 1869.” (“The Reconstruction Era: Blog Exploring the World the Civil War Created”)

The marker is one of 20 to be posted throughout Champaign County for a new African American Heritage Trail.

The famous orator had also spoken in Muscatine, I recalled, maybe brought here by Alexander Clark. A story to find and tell!

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What Republicans get wrong about health care for transgender minors

Gordie Felger is a volunteer member of two LGBTQ+ organizations (CR Pride and Free Mom Hugs) and a One Iowa volunteer activist. He is a friend of many LGBTQ+ folks and an ally to the community. He also writes about the state of Iowa politics at “WFT Iowa?”

Far-right Republican lawmakers across the nation renewed their crusade against transgender people. Instead of solving critical issues like food insecurity, housing, and affordable health care, Iowa Republicans prioritize trampling the human rights and dignity of Iowans.

But why? Politicians make public statements about “protecting children,” but statements can hide true motives. The following examples show that lawmakers’ understanding of transgender people does not align with the reality of transgender lives.

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Iowa attorney honored for half-century of civil rights advocacy

Russell Lovell was troubled by the segregation and discrimination he witnessed growing up in a small Nebraska town and resolved to work on civil rights while attending law school in his home state during the late 1960s. His passion for justice extended beyond his nearly 40-year career as a Drake Law School professor and recently earned Lovell an award from the Notre Dame Alumni Association “for his outstanding dedication to advancing civil rights and his commitment to providing experiential learning to the next generation of lawyers.”

Iowa-Nebraska NAACP President Betty Andrews nominated Lovell for the Rev. Louis J. Putz, C.S.C., Award, citing his “fifty years of exceptional NAACP pro bono civil rights advocacy.” As co-chairs of the Iowa-Nebraska NAACP and Des Moines Branch NAACP Legal Redress Committees, Lovell and fellow Drake Law Professor Emeritus David Walker have collaborated on eight amicus briefs submitted to the Iowa Supreme Court. They have also successfully pushed for systemic reforms to make Iowa juries more diverse.

The Iowa Chapter of the National Bar Association recognized Lovell’s civil rights work and advocacy for representative juries in 2020.

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Iowans need to step up and be LGBTQ allies

John and Terri Hale own The Hale Group, an Ankeny-based advocacy firm working for better lives for all Iowans. Contact them at terriandjohnhale@gmail.com.

“In Nature, a flock will attack any bird that is more colorful than the others because being different is seen as a threat…”

That’s a phrase from a now-trending music video titled The Village from an artist known as Wrabel. It tells the story of a transgender teen and the intense emotional challenges faced as they struggle with their own thoughts and feelings, unsupportive parents, community, church and school.

It’s a powerful video that everyone should watch—regardless of your views on LGBTQ issues, political leanings, faith, etc.  

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Reflecting on the "Labor" Day impact on my patients

Dr. Emily Boevers is a Ob-Gyn physician practicing primarily in Waverly, Iowa. When not taking care of patients she enjoys spending time with her husband and three children.

Labor Day: a celebration of American ingenuity, prosperity and economic achievements. Like Independence Day, this holiday requires ongoing recognition and defense of the important role that citizens play in its origins. From its inception as a labor union holiday to its current position as a day for the working-class people of America, this is a day for American workers to be recognized for the sweat and stress they contribute to the modern economy.

It is estimated that the women of America supply $21 billion per day to the US economy, not including unpaid domestic labor. Part of economic wellness is also a strong supply of the next generation of skilled workers. As an expert in maternal health, I cannot help but wonder at the limited recognition of women’s complex role in this measure.

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Thin skin plagues some Iowa officials

Randy Evans is executive director of the Iowa Freedom of Information Council and can be reached at DMRevans2810@gmail.com

Around the time the famous movie “The Bridges of Madison County” premiered in 1995, author Robert James Waller was at a book-signing in West Des Moines. Between scribbling his signature for fans on copies of his novel, Waller answered questions from a Des Moines Register reporter.

At one point, the persnickety Iowan became peeved by the nature of the reporter’s questions. He yanked the notebook from her hand and flipped it aside. 

That led to a letter to the editor a few days later in the Register in which a reader observed that Waller should use some of his millions in book and movie royalties to buy himself a thicker skin.

Some local government officials in Iowa show signs of needing thicker skins, too, because they have tried to silence critics at meetings of city councils and school boards for making comments they did not like.

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Jasmine Schneider: The force for change Davenport needs

Alexandra Dermody is a Davenport based Gen Z activist, nonprofit director, and small business owner.

A promising figure has emerged in Davenport’s political tapestry: Jasmine Schneider. A stalwart community organizer and advocate for change, Schneider has thrown her hat into the ring for this year’s mayoral election. With a comprehensive, ambitious agenda, she brings a breath of fresh air and dedication to her vision of a more inclusive, thriving Davenport.

Schneider’s steadfast resolve is woven throughout her political platform, from her commitment to restorative justice to her focus on Davenport’s economic development. Her key priorities, distilled from her understanding of the city’s most pressing challenges, are both inclusive and innovative.

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

UPDATE: The governor signed this bill on March 22. Original post follows.

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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Iowa Republicans didn't always push anti-LGBTQ bills. What changed?

As the Iowa legislature’s first “funnel” deadline approaches, Republicans have introduced more than 30 bills targeting the LGBTQ community, roughly double the previous record. More than a dozen of those bills have either advanced from a subcommittee or have cleared a standing committee and are therefore eligible for debate in the Iowa House or Senate.

Until recently, the vast majority of bills threatening LGBTQ Iowans never received a subcommittee hearing. During the 2021 legislative session, none of the fifteen bills in that category made it through the first funnel (requiring approval by a House or Senate committee), and only a handful were even assigned to a subcommittee. Bills consigned to the scrap heap included proposed bans on gender-affirming care for transgender youth and so-called “bathroom bills,” which require transgender people to use school restrooms or locker rooms that correspond to the sex listed on their birth certificate, rather than the facilities that match their gender identity.

In contrast, this week House and Senate subcommittees rushed to pass bathroom bills and measures prohibiting gender-affirming care for minors less than 24 hours after the bills appeared on the Iowa legislature’s website.

How did these policies become a priority for Republican lawmakers in such a short time?

Three factors seem most important.

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One senator asked why wait longer

This column by Daniel G. Clark about Alexander Clark (1826-1891) first appeared in the Muscatine Journal.

I like to think Beth Crookham is channeling Underground Railroader ancestors who came from Ohio in the 1840s.

I knew her in Muscatine about 20 years ago when she was a community activist, a promoter of the performing arts with a business background at her family’s sports-lighting company. Now she’s an East Coast producer, singer-songwriter, and recording artist.

As I write this column, I am enjoying her song “Good Trouble,” an homage to John Lewis and other nonviolent change-makers.

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Top Iowa Republicans deny obvious impact of anti-LGBTQ bill

UPDATE: The Iowa House approved this bill (renumbered House File 348) on March 8 by 62 votes to 35, with Republican Michael Bergan joining all Democrats to vote no. Prior to passage, an amendment slightly altered the wording. The bill now reads, “A school district shall not provide any program, curriculum, test, survey, questionnaire, promotion, or instruction relating to gender identity or sexual orientation to students in kindergarten through grade six.” Original post follows.

Iowa House Speaker Pat Grassley complained this week that a centerpiece of this year’s Republican education agenda has been “misconstrued.”

Grassley and House Education Committee chair Skyler Wheeler claimed Republicans are only trying to “let kids be kids.”

Their spin defies a plain reading of the bill that would remove all teaching about gender identity or sexual orientation from Iowa’s elementary schools.

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As if an earthquake

This column by Daniel G. Clark about Alexander Clark (1826-1891) first appeared in the Muscatine Journal in December.

Reconstruction after the U.S. Civil War. That’s where I’m headed in this series, what I’m pondering as I write this year-end column.

I was raised on the Watch Night tradition started by Moravians and adopted by Wesleyans in England and brought to America. Black Americans gave new meaning to Watch Night on December 31, 1862, praying and watching for President Lincoln to make good on his call for freeing slaves in the rebellious South. It came to be Freedom’s Eve.

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"Now ask the Legislature to do its duty"

This column by Daniel G. Clark about Alexander Clark (1826-1891) first appeared in the Muscatine Journal.

People my age look back and exclaim how fast time flies. We reflect on what we learned as children and how that shaped who we became.

This column is published on my 72nd birthday. Were I born only 72 years earlier—in 1878—and growing up in Muscatine, I could have witnessed firsthand the oratory of our famous “colored” neighbor Alexander Clark. As an 11-year old, I could have attended the sendoff celebration when he departed for Liberia as the new U.S. consul, one of the highest honors accorded any Black person in 19th century America.

I like to believe I’d have felt proud of our town—Clark’s chosen home since 1842—and proud of our state where his achievements had been important and lauded.

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Keeping schools safe from racial abuse

Gerald Ott of Ankeny was a high school English teacher and for 30 years a school improvement consultant for the Iowa State Education Association.

Earlier this month, the Kansas City Star’s editors wrote about White Kansas City-area high school students who were racially taunting Black players on an opposing basketball team.

In the same week, the U.S. Department of Education’s Office for Civil Rights levied serious changes against the Ottumwa, Iowa school district (as per numerous newspaper accounts). Following release of the OCR’s report, the Ottumwa Courier’s editors took the superintendent to task, saying he has “skirted the harsh realities of what happened.” The realities of racial abuse are clearly enumerated in the OCR report, which is online (and reproduced at the bottom of this post).

The agency’s findings are grave and require the school district to take extensive steps of remediation.

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Joni Ernst chooses right side of history

Iowa’s U.S. Senator Joni Ernst was among twelve Republicans who helped Democrats pass the Respect for Marriage Act on November 29. Her vote reflected both a personal evolution and a smart political calculation.

The bill would repeal the federal Defense of Marriage Act, which banned same-sex marriages when it was enacted in 1996. It would also “require the federal government to recognize a marriage between two individuals if the marriage was valid in the state where it was performed.” Finally, although the bill would not require states to issue marriage licenses to same-sex couples, it would require states to give marriages performed elsewhere “full faith and credit, regardless of the couple’s sex, race, ethnicity, or national origin.”

Senate rules require at least 60 votes to overcome a filibuster by the minority party, and the vote on final passage was 61-36 (roll call). Iowa’s Senator Chuck Grassley was one of the 36 Republicans who opposed the bill.

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Where was Susie Clark's school?

This column by Daniel G. Clark about Alexander Clark (1826-1891) first appeared in the Muscatine Journal.

August 24 was the first full day at SCJH—Susan Clark Junior High—and also the first day of the 2022-23 academic year at Muscatine High School, alma mater of Iowa’s first Black high school graduate.

Iowa’s 1857 constitution mandated public education for “all the youths of the State, without distinction of color,” but it took an Iowa Supreme Court ruling more than a decade later to end racial segregation. The 1868 case was named for that Muscatine student: Clark v. Board of School Directors.

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Dueling editors

This column by Daniel G. Clark about Alexander Clark (1826-1891) first appeared in the Muscatine Journal.

I may have misled regular readers to suppose Muscatine’s early editors and lawmakers were a pretty progressive bunch.

Those anti-slavery and equal-rights figures are indeed appealing historical characters, and I confess I tell less about their opponents, mainly because I’ve learned less.

Alexander Clark’s publicist—my description for editor John Mahin—allied this paper with the Republican party when it emerged in the 1850s. There was almost always a Democratic paper in town, so he faced a procession of partisan competitors over his half-century career.

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The political price of Parvin's petitions

This column by Daniel G. Clark about Alexander Clark (1826-1891) first appeared in the Muscatine Journal.

Theodore “T.S.” Parvin came to Iowa in 1838 with Robert Lucas, the first territorial governor, and soon settled at Bloomington—future Muscatine—to serve as district prosecutor.

His uncle, John “J.A.” Parvin, arrived less than a year later. Together they started one of the first schools in the territory. Both would achieve life-long reputations as champions of education.

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Dr. Pritchard's "colored" petition

This column by Daniel G. Clark about Alexander Clark (1826-1891) first appeared in the Muscatine Journal.

Alexander Clark’s daughter entered history in 1867 as the 12-year-old Iowan turned away from her neighborhood school because of skin color. Her father sued Muscatine’s school board and won. In 2019 the modern successors named the Susan Clark Junior High School.

Susan was born December 6, 1854. Her father had been an equal-rights activist all her life.

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Legal analysis: The state's case for reinstating Iowa's abortion ban

Bill from White Plains is an Iowa attorney with a specific interest in constitutional law and civil liberties.

Who’s more important: 51 percent of the populace of Iowa or, Iowa’s Republican-controlled government?

That is the question raised by the motion a partisan think tank filed in Polk County District Court on August 11. The Kirkwood Institute and the Alliance Defending Freedom are representing Governor Kim Reynolds and the Iowa Board of Medicine, after Iowa Attorney General Tom Miller declined to lead the state’s effort to reinstate a near-total abortion ban.

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Aleck's prize squash

This column by Daniel G. Clark about Alexander Clark (1826-1891) first appeared in the Muscatine Journal.

Did you know the Iowa State Fair was held on “the island” south of town in 1856 and 1857?

From the Muscatine Journal, October 9, 1857: “A squash raised by Alexander Clark weighed 177 pounds, but as Aleck is a colored man, we presume the committee could not, according to the Dred Scott decision, award the premium to him in preference to his mule. It would be ‘unconstitutional.’”

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Emancipation jubilation

This column by Daniel G. Clark about Alexander Clark (1826-1891) first appeared in the Muscatine Journal.

Juneteenth is an easy holiday to miss if you aren’t watching for it. Still, we Iowans pride ourselves on being out in front on justice and equality, so this is for us.

You probably know it’s about the Emancipation Proclamation and the outpouring of jubilation when the long-delayed news finally reached Texas.

Did you know Governor Tom Vilsack signed a bill in 2002 declaring the third Saturday in June as Juneteenth National Freedom Day in Iowa? Then last year, amid a season of “racial reckoning,” President Joe Biden signed the bill designating Juneteenth a federal holiday.

The historic pages of the Muscatine Journal yield few mentions of the word. The first I find is a 1985 column by Aldeen Davis, titled “Texas has its own holiday.”

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Three Iowans in Congress support federal guarantee of marriage equality

Three of Iowa’s four U.S. House members were part of the bipartisan majority that voted to guarantee same-sex marriage rights across the country.

Every House Democrat, including Iowa’s Representative Cindy Axne (IA-03), voted for the Respect for Marriage Act, which passed on July 19 by 267 votes to 157 (roll call). So did 47 Republicans, including Representatives Ashley Hinson (IA-01) and Mariannette Miller-Meeks (IA-02). Representative Randy Feenstra (IA-04) joined the majority of House Republicans in opposing the legislation.

The bill repeals the federal Defense of Marriage Act, enacted in 1996 to protect states from having to recognize same-sex marriages, and to define marriage in federal laws and regulations as between a husband and wife. The Respect for Marriage Act also prohibits states from refusing to recognize any marriage due to the “sex, race, ethnicity, or national origin” of the individuals involved.

House leaders brought the bill to the floor in response to U.S. Supreme Court Justice Clarence Thomas, who wrote in a concurring opinion to the Dobbs case that having overturned Roe v. Wade, the court should reverse other precedents. Among other cases, Thomas mentioned the 1965 Griswold opinion establishing a right to contraception and the 2015 Obergefell ruling on marriage equality. Like the Roe and Griswold decisions, the Obergefell majority relied on a legal analysis that recognizes some liberty interests (like privacy and the right to marry), even though the Constitution does not specifically mention those rights.

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Rebecca the pioneer

This column by Daniel G. Clark about Alexander Clark (1826-1891) first appeared in the Muscatine Journal.

The name of Susan Clark Junior High is meant to evoke a 12-year-old student and her father who sued a school board in 1867. Iowans celebrate the resulting state Supreme Court decision for ending separate-but-equal public education in our state.

That board’s modern successors voted in September 2019 to name Muscatine’s newly combined middle schools for the younger daughter of Iowa’s equal-rights champion.

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How did we get here? An analysis of the Dobbs decision

Bleeding Heartland user “Bill from White Plains” is an Iowa attorney.

Now that five U.S. Supreme Court justices have overturned the Roe v. Wade precedent when deciding Dobbs v. Jackson Women’s Health Organization, I thought it might be helpful to do a deep dive into the legal bases for that decision. Most folks see this as a “results-oriented” ruling, “judicial activism” done by “unelected judges” superseding “the will of the people.”

As with most Supreme Court cases, the popular press has focused on the result (ending any federal constitutional right to an abortion), rather than the legal framework. More often than not, our discourse parrots what we read and hear from the media. It is important to learn how the Supreme Court majority reached this outcome, because for the rest of our lives, that legal framework may impact civil rights most of us have taken for granted for decades.

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Six terrible bills Iowa Republicans didn't pass in 2022

After a hectic two days at the capitol, the Iowa House and Senate finished their work for the year shortly after midnight on May 25.

In the coming days, Bleeding Heartland will cover some of the final bills in detail. As usual, there were a few surprises in the “standings” bill, such as a provision expanding open enrollment from public schools. While Democrats opposed many bills sent to Governor Kim Reynolds this week, including a ban on COVID-19 vaccine requirements for schools or child care centers, they welcomed one of the last-minute proposals, which exempts diapers and period products from Iowa’s sales tax.

This piece will focus on bills that didn’t make it through, despite a push from Reynolds or top Republican lawmakers.

I anticipate future legislative battles over most if not all of these proposals. Earlier this year, the governor signed into law two priority items that failed to advance in 2021: a measure banning transgender Iowans from girls’ and women’s sports, and deep cuts to unemployment benefits.

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Regulating health care

Sondra Feldstein is a farmer and business owner in Polk County.

It’s conventional wisdom that Roe v Wade was a poorly written judicial decision. Not the first, nor the last.

I’m not a constitutional law scholar and I can’t say whether the weight of precedent should counteract the weakness of a poorly reasoned opinion. But each and every one of the conservative justices who can be expected to concur with the draft opinion overturning Roe assured senators during their confirmation hearing that the 1973 precedent was settled law, and that the principle of stare decisis carries such grave weight that the prospect of overturning “settled law” was unlikely.

But then, for anyone who believed what those potential justices said, I have the proverbial bridge in Brooklyn to sell you. It just isn’t relevant to ask whether future justices lied under oath, because everyone knew they were lying. It’s a game we play.

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A momentous year for Alexander Clark

This column by Daniel G. Clark about Alexander Clark (1826-1891) first appeared in the Muscatine Journal.

The year 1848 was momentous in the life of young Iowa pioneer Alexander Clark.

On June 21, he and Benjamin Mathews purchased property on East 7th Street where their church would be built the following year. The Muscatine congregation became known as “the oldest colored church in Iowa.” (I’ll say more about the church in future columns.)

History reveals two other events of 1848: Alexander’s marriage to Catherine Griffin, and around the same time, his role—or maybe theirs—in a drama his eulogist will extoll in 1892, calling him “one of the Underground Railroad engineers and conductors, whose field was the South, whose depot was the North, and whose freight was human souls.”

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Three takeaways from Iowa's latest transgender equality ruling

Nearly fifteen years after state legislators and Governor Chet Culver added sexual orientation and gender identity to the Iowa Civil Rights Act, the Iowa Supreme Court ruled on the first employment discrimination lawsuit brought by a transgender Iowan.

On April 1 the seven justices unanimously upheld a Polk County jury verdict, which found that the Iowa Department of Corrections unlawfully discriminated against plaintiff Jesse Vroegh. Superiors refused to allow Vroegh to use male restrooms and locker rooms when he worked as a nurse at the Iowa Correctional Institute for Women.

The court also upheld the jury’s finding that the state discriminated against Vroegh by refusing to cover gender-affirming “top” surgery, even though the state’s insurance plan would have covered a double mastectomy for a medical need not related to gender identity.

But breaking with the U.S. Supreme Court, six Iowa Supreme Court justices determined that gender identity discrimination did not also constitute discrimination against Vroegh on the basis of sex.

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"History reveals itself over time"

This column by Daniel G. Clark about Alexander Clark (1826-1891) first appeared in the Muscatine Journal.

Early in the research for his Alexander Clark biography published in the Drake Law Review, retired Iowa State Supreme Court Justice Robert Allbee visited Muscatine to consult with Kent Sissel, the preservationist who has resided in Clark’s house since it was moved and saved from demolition in the late 1970s.

“I’ve spent the last 40 years, more or less, protecting the legacy of Alexander Clark,” Sissel told him in the hour-long conversation they recorded that day in 2018.

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Iowa led the nation toward equality and inclusion

This column by Daniel G. Clark about Alexander Clark (1826-1891) first appeared in the Muscatine Journal.

As a boy in one-room Maple Grove school, future Iowa Supreme Court Justice Robert Allbee never heard of the Muscatine man who became the ambassador to Liberia. Attending Muscatine High School, he never learned about Susie Clark, Class of 1871, the ambassador’s daughter and first Black high school graduate in Iowa.

It was a long time before he would learn about the court case called Clark v. Board of School Directors, in which the state’s highest court ruled in the Clarks’ favor and ended “separate but equal” public education in Iowa.

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Iowa is better than this. At least it should be!

Rabbi Henry Jay Karp explains the concept behind One Human Family QCA and a statewide event the group is organizing on February 16.

As a sociology major in college, I was first introduced to the term “Herrenvolk democracy.” According to Wikipedia, a Herrenvolk democracy “is a system of government in which only the majority ethnic group participates in government, while minority groups are disenfranchised.”

The German term Herrenvolk, meaning “master race,” was used in 19th-century discourse that justified colonialism with the supposed racial superiority of Europeans. If you are a Jew, like me, the fact that the German term “Herrenvolk” literally means “master race” should send Holocaust shivers up your spine.

To be quite honest, the United States has always been, in some ways, a Herrenvolk democracy in that we have a long history going back to our founding of granting rights to certain privileged classes and denying them to others. 

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A must-watch MLK, Jr. clip for Iowans

“Share this clip of my father,” tweeted Bernice King, the CEO of the King Center on January 17, the holiday honoring the Rev. Dr. Martin Luther King, Jr. “We must study him beyond the end of ‘I Have a Dream.’ (and that’s taken out of context, too)”

I don’t recall seeing this video before today. It’s from a speech in 1968, but I haven’t determined the location. Dr. King spoke about the massive government assistance for mostly-white farmers over more than a century, helping “the very people [now] telling the Black man that he ought to lift himself by his own bootstraps.”

The civil rights leader delivered a similar message in other venues, for instance while visiting Ohio Northern University in January 1968, and during a March 1968 appearance at Grosse Point High School in Michigan.

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State appeals ruling on law targeting trans Iowans

The Iowa Department of Human Services (DHS) is appealing a Polk County District Court ruling that found the state law and policy designed to deny Medicaid coverage for gender-affirming surgery are unconstitutional. The state filed notice of its intent to appeal on December 17, near the end of its 30-day window to do so following the District Court’s decision in November.

The Iowa Attorney General’s office had no comment on the appeal. Governor Kim Reynolds’ office also had no comment on why the governor is determined to prevent transgender Iowans on Medicaid from receiving medically necessary care approved by their doctors.

Plaintiffs Aiden Vasquez and Mika Covington have been waiting for years to obtain surgery and first challenged the state law in court within weeks of Reynolds signing the provision into law in May 2019.

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Court finds law targeting trans Iowans unconstitutional

For Aiden Vasquez and Mika Covington, the news was life-changing. Polk County District Court Judge William Kelly ruled on November 19 that Iowa’s law designed to deny Medicaid coverage for gender-affirming surgery “violates the equal protection clause of the Iowa Constitution.”

He ordered the Iowa Department of Human Services to change a longstanding regulation “excluding coverage for sex reassignment surgery” and said the agency must apply the revised rule to allow “transgender individuals coverage under Iowa Medicaid for medically necessary gender affirming surgery for the treatment of Gender Dysphoria and other relevant diagnoses.”

Vasquez and Covington are transgender Iowans who qualify for Medicaid and have been unable to obtain the health care they need for years. They have been seeking legal redress since soon after Governor Kim Reynolds signed the discriminatory statute in May 2019.

Naturally, not everyone was happy with what the ACLU of Iowa’s legal director Rita Bettis Austen described as a “historic win for civil rights in Iowa.” Soon after the court ruling was published on November 22, Reynolds’ spokesperson Alex Murphy told reporters, “The governor’s office is disappointed in today’s decision and disagrees with the district court’s ruling on Medicaid coverage for transgender reassignment surgeries.”

Reynolds echoed the sentiment when speaking to reporters on November 23: “Of course we were disappointed with the ruling and disagree […] My legal team is looking at it. There will be more to come later on. We’re still looking through it and trying to determine what our options are.”

She should stop fighting this battle.

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Give Ras a chance

Charlie Hodges is a Democratic activist in Polk County.

In early 2020, I had a memorable evening, but not for the reason I anticipated. I attended a house party for Joe Biden before the Iowa caucuses and looked forward to meeting members of Biden’s family and a former U.S. Ambassador, among others. However, as the evening played out, the biggest impression made was by an Iowa House member from Waterloo: Representative Ras Smith.

I left the party having met several very interesting people, but I was not thinking about the caucuses at all, frankly. I thought about how Ras Smith completely held the attention of that room filled with dignitaries when he talked. I thought about how inspirational and hopeful he was. I thought about how charismatic he was. I thought about what his next step in politics would be – because I knew the Iowa House was not his ceiling.

Now we know – he’s running to be our next governor

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Quick hits on issues of the day

Herb Strentz on Afghanistan, what it means to be free, and a counter-intuitive place to look for hope and optimism.

One way to cope with overwhelming issues and events of the day is to hide someplace, until the storms blow over.

But of course, they won’t blow over. And even if we think they will, it’s better to try to understand what is happening and what we might do about it.

To that end, here is some brief food for thought on issues of the day.

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State pays $70,000 to settle Black Lives Matter protesters' lawsuit

The state of Iowa has agreed to pay $70,000 and improve First Amendment training for state troopers in order to settle a lawsuit filed last year by five protesters who were banned from the Iowa Capitol Complex.

Jalesha Johnson, Louise Bequeaith, Brad Penna, Brandi Ramus, and Haley Jo Dikkers were among seventeen people whom state troopers had banned from the capitol grounds following a July 1, 2020 Black Lives Matter protest that led to numerous arrests. They filed suit last October against Iowa Department of Public Safety Commissioner Stephen Bayens and several Iowa State Patrol officials, saying the bans violated their rights under the First, Fifth, Ninth, and Fourteenth Amendments.

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Donald Trump, GOP officials mock the martyrs

Herb Strentz: White residents of Tulsa 100 years ago could not bear the success of Black citizens any more than Republican legislators today can bear the notion of communities of color helping to vote them out of office.

With all the dreams about achieving “herd immunity” to counter the COVID-19 pandemic, it’s worrying to consider how our nation may have already achieved a kind of “immunity” from the promise of our constitution.

Columnist Paul Krugman suggested as much in a recent column called “The banality of democratic collapse.” He was referring to democracy, not the Democratic Party.

He warned, “America’s democratic experiment may well be nearing its end. That’s not hyperbole; it’s obvious to anyone following the political scene.”

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Waterloo's "ban the box" ordinance survives in part—for now

The Iowa Supreme Court ruled on June 18 that part of the city of Waterloo’s “ban the box” ordinance can remain in effect despite a 2017 law prohibiting local governments from regulating “terms or conditions of employment.”

The city adopted the ordinance in November 2019 to address economic racial disparities. Because African Americans are more likely to have a criminal record, they are adversely affected by job applications that require a person to note whether they have ever been arrested or convicted of a crime.

Under Waterloo’s ordinance, employers may not inquire about past convictions, arrests, or pending criminal charges “during the application process,” but may do so after extending “a conditional offer of employment.” The court found that was allowed, because it regulates only “the time when an employer can inquire into a prospective employee’s criminal history,” which is not “a term or condition of employment.”

However, the Iowa Supreme Court held that state law preempts other portions of Waterloo’s ordinance, which prohibit employers from making an “adverse hiring decision” based on an applicant’s criminal history.

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Five things that are not "fairness"

Governor Kim Reynolds thrilled conservatives when she announced on Fox News last week that she wants to sign a bill banning transgender youth from competing on sports teams not matching their gender assigned at birth.

Defending the discriminatory policy during a news conference on May 5, Reynolds claimed five times that concerns about “fairness” are driving her commitment to address the issue.

This mean-spirited play to the GOP base has several dimensions. None of them are grounded in fairness.

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Law blocking health care for trans Iowans facing new court challenge

Two years ago this week, on the day before the Iowa legislature completed its work for 2019, Republicans added two new discriminatory provisions to the state’s health and human services budget. Both code sections quickly spawned litigation. Planned Parenthood’s lawsuit against language designed to exclude the organization from sex education grants is now pending before the Iowa Supreme Court, after a District Court found the prohibition violated the state constitution’s equal protection guarantee.

A case challenging language that authorized discrimination against transgender Iowans on Medicaid never got that far. But on April 22, the ACLU of Iowa and the national ACLU LGBTQ & HIV Project filed a new lawsuit in Polk County District Court.

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Iowa students join lawsuit over discrimination at Christian colleges

Two Iowa students are among the plaintiffs in a groundbreaking federal class action lawsuit filed this past week. The Portland-based Religious Exemption Accountability Project is suing the U.S. Department of Education and its acting assistant secretary for civil rights, seeking “to put an end to the U.S. Department of Education’s complicity in the abuses and unsafe conditions thousands of LGBTQ+ students endure at hundreds of taxpayer-funded, religious colleges and universities.”

Lauren Hoekstra and Avery Bonestroo are undergraduates at Dordt University in Sioux Center, one of 25 Christian institutions where the 33 plaintiffs are now enrolled or formerly studied.

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The majority should never decide minority rights

On this Transgender Day of Visibility, I want to take a moment to reflect on one part of Selzer & Co’s latest Iowa poll for the Des Moines Register and Mediacom. The survey asked 775 Iowa adults whether they supported various Republican proposals, including this one: “Require public school students to use the restroom of the gender assigned at birth even if the student does not identify as that gender now.”

Nick Coltrain summarized the findings: 47 percent of respondents said they favor restricting school bathroom use, 42 percent opposed, and 11 percent were not sure.

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Anti-LGBTQ bills are dead, but their message lives on

First in a series on where things stand after the Iowa legislature’s first “funnel” deadline.

State lawmakers set a depressing record this year for attempting to undermine the rights of LGBTQ Iowans.

Although all fifteen of those bills failed to meet a key legislative deadline last week, three had previously made it through Iowa Senate subcommittees. And none were condemned by Governor Kim Reynolds or GOP leaders in the House or Senate.

Until powerful Republicans disavow efforts to target the LGBTQ community, queer Iowans and particularly trans Iowans face the prospect of more attacks in the GOP-controlled legislature.

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Lights out

Bleeding Heartland user “Bill from White Plains”: It’s been a good ride and a great deal of fun. But let’s be honest: nothing about this state warrants first-in-the-nation status. -promoted by Laura Belin

Oh, if only Ira Lacher’s February 25 piece, “Junk the caucuses? Extend neck. Cut.,” provided some nationally-significant basis on which the national powers-that-be could maintain Iowa as the first-in-the-nation state for choosing presidential candidates!

It does not.

That it does not, did not escape me. Yet, Mr. Lacher, offering no good reason, or any reason really, criticizes Jason Noble and Kevin Cooney for providing what he considers bad reasons for abandoning the Iowa caucuses.

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Ashley Hinson didn't walk her talk on LGBTQ equality

“No person should be discriminated against, no person should be bullied because of who they are, and no person should be discriminated against in the workplace, for any reason,” Republican Congressional candidate Ashley Hinson told an eastern Iowa magazine geared toward LGBTQ readers last fall.

Hinson had a chance to put her stated beliefs into action on February 25, when the U.S. House considered the Equality Act. The bill would ban discrimination on the basis of sexual orientation or gender identity in the areas of employment, education, housing, public accommodations, jury service, and access to credit or federal funding. But the new member of Congress from Iowa’s first district voted against it, as did all but three House Republicans (roll call).

Representative Cindy Axne, the lone Democrat in Iowa’s Congressional delegation, co-sponsored the Equality Act and was part of the 224 to 206 majority that approved it.

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The case for a simpler, values-driven Democratic Party platform

Jeremy Dumkrieger chairs the Woodbury County Democrats. -promoted by Laura Belin

In 2018, the Woodbury County Democrats approved the platform pasted below. It wasn’t perfect, but it was simple. It was intended to be. In fact, it could be simpler.

We wanted something we could put on a palm card to let folks know what we believe. Far too often we are bogged down by complicated rhetoric that serves only to obscure the direct message intended for everyday Iowans.

Soon the Iowa Democratic Party will host the Platform Committee’s work to finalize our state platform. I suggest they ignore specifics and finally see the bigger picture.

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Minority impact statements in Iowa: History and continuing efforts

Marty Ryan of Des Moines lobbied the Iowa legislature for 27 years and now blogs weekly. -promoted by Laura Belin

The Iowa quarter, printed in the latter part of 2004, is based upon a Grant Wood painting depicting a group of students and their teacher planting a tree outside of a county school. The statement on the coin says, “Foundation In Education.” For many decades, Iowa was noted for its first-in-the-nation education status. Likewise, Iowa has been a consistent leader in civil rights.

In fact, Iowa established some standards of equality long before the federal government or other states.

But racial disparities continue to affect Iowans in many areas of life. A reform the Democratic-controlled legislature enacted more than a decade ago has only slightly mitigated the problem.

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Six inspiring speeches on Iowa's "first step" to address police violence

Most bills lawmakers introduced this year to address Iowa’s notorious racial disparities didn’t get far before the Iowa House and Senate suspended their work in mid-March, due to the COVID-19 pandemic. By the time the legislature got back to work on June 3, large protests were underway daily in Iowa and across the country, in response to the horrific killing of George Floyd at the hands of Minneapolis police.

Democratic lawmakers unveiled a “More Perfect Union plan” designed to prevent “violent conflicts between law enforcement and Iowa residents” on June 4. A bill incorporating their proposals sailed through both chambers unanimously a week later, with a group of Black Lives Matter protesters watching from the public gallery.

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Exclusive: Iowa governor denied 35 AG requests to join national cases

Governor Kim Reynolds denied 35 requests to sign Iowa on to multi-state legal actions during the first year of an unusual arrangement in which Attorney General Tom Miller ceded some of his authority.

Reynolds refused to allow the state to weigh in on lawsuits related to federal or state policies on immigration, reproductive rights, environmental regulation, consumer protection, gun safety, LGBTQ rights, and access to President Donald Trump’s personal records.

During the same time frame, the governor approved eighteen requests from Miller to join cases involving a wide range of legal matters.

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State Patrol must respect civil rights at Iowa Capitol

Iowa lawmakers have never enacted a “bathroom ban” targeting transgender people, but some State Patrol officers took it upon themselves to enforce that non-existent policy at the Capitol on March 12.

Security guards forced a large group of students to leave the building because some of the teens had used restrooms conforming to their gender identity.

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How you can stop the effort to roll back transgender equality in Iowa

UPDATE: House Judiciary Committee Chair Steven Holt confirmed by email on January 29, “The bill is dead. I will not assign it to sub-committee.”

Original post follows:

Nine Iowa House Republicans are trying to make it legal to discriminate against transgender Iowans in many areas of daily life, including education, employment, and housing.

House File 2164 would remove gender identity protections from the Iowa Civil Rights Act. Adding sexual orientation and gender identity language to that law in 2007 was one of the hard-fought victories of the new Democratic legislative majority.

The civil rights law bans discrimination against protected classes in “public accommodations, employment, apprenticeship and on-the-job training programs, vocational schools, or housing.” Iowa House and Senate Republicans set a terrible precedent last year by altering the code to deny gender-affirming surgery to transgender Medicaid recipients. (That law is being challenged in court.) So it’s not surprising a group of social conservatives want to deny all civil rights to trans Iowans.

It’s far from clear there are 51 votes to get this horrible proposal through the Iowa House, or that state Senate leaders would want to pass it in the upper chamber. After the jump I’ve highlighted how fair-minded Iowans can help keep this bill from becoming law.

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Rapid Iowa Supreme Court turnover to continue as David Wiggins retires

After nearly eight years with no vacancy, the seven-member Iowa Supreme Court is about to lose its fourth justice in less than two years.

Acting Chief Justice David Wiggins announced on January 10 that he will retire, effective March 13. He has served on the Iowa Supreme Court since Governor Tom Vilsack appointed him in 2003.

Wiggins chaired the State Judicial Nominating Commission from 2011 until the spring of 2019, when Republican legislators approved and Governor Kim Reynolds signed a law removing that role from the second most-senior justice. The same law also shortened the chief justice’s term and gave the governor an additional appointment to the body that recommends candidates for the Iowa Supreme Court and Court of Appeals.

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The 19 Bleeding Heartland posts I worked hardest on in 2019

Five years ago, I started taking stock of my most labor-intensive posts near the end of each year. Not all of these are my favorite projects, though invariably, some of my favorites end up on these compilations.

Before getting to the countdown for 2019, I want to give another shout out to guest authors who poured an extraordinary amount of work into two posts Bleeding Heartland published last year.

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Julian Castro stands up to injustice and discrimination

Bonnie Louise Brown is an elected member of the Iowa Democratic Party’s State Central Committee and a civil rights activist in Des Moines. -promoted by Laura Belin

Right now, in this country and in our home state of Iowa, we have a crisis. Hate crimes are on the rise, we have concentration camps on our southern border and Americans are strapped down by their student loan debt. We need strength to overcome this, we need courage to do what is right, and most importantly, we need a leader who will fight for every American.

Secretary Julián Castro is that leader. He has a plan to make the United States of America a home for all its citizens and put us back on a path of moral clarity. He is the strong candidate we need, a candidate who will stand up for what is right and end the terrible discrimination against immigrants and people of color in this country.

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Hear Chief Justice Mark Cady's passionate appeal to combat implicit bias

Devastating news: Iowa Supreme Court Chief Justice Mark Cady passed away on November 15, having suffered a heart attack.

Best known for writing the court’s unanimous opinion in the Varnum v Brien marriage equality case, Cady was a staunch supporter of civil rights. Since becoming chief justice in 2011, he was often the swing vote on Iowa’s high court and concurred in many 4-3 opinions.

Appointed by Governor Terry Branstad in 1998, Cady sometimes aligned with the high court’s conservatives–for instance, on upholding Iowa’s felon disenfranchisement system. Sometimes he joined his more liberal colleagues–for instance, on juvenile sentencing. Cady also authored last year’s opinion that found Iowa’s constitution protects a woman’s right to an abortion. Seventeen months later, three of the five justices who joined that landmark ruling are gone. (Justice Bruce Zager retired, and Justice Daryl Hecht died.)

Bleeding Heartland intends to publish several reflections on Cady’s legacy in the coming weeks. For now, I want to share the chief justice’s remarks at the recent Iowa Summit on Justice and Disparities.

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Iowa remains among worst states for racial disparities

Midwestern states continue to have greater “racial disparities in economic opportunity and economic outcomes” than do other regions of the U.S., while “policy interventions designed to close those gaps are meager,” concludes a new report by Colin Gordon of the University of Iowa and the Iowa Policy Project.

Gordon’s findings are consistent with past research showing that African Americans in Iowa face pervasive barriers in many areas of life. By some measures, our state’s racial disparities are among the worst in the Midwest region and the country.

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Five thoughts about Linda Upmeyer's tenure as Iowa House speaker

Iowa House Republicans meet in Des Moines this morning to elect new leaders for the 2020 legislative session. Linda Upmeyer announced on September 30 that she will step down as House speaker when the legislature reconvenes in January and will not seek re-election next November. She said in a written statement that she wants to spend more time with her husband, children, and grandchildren.

Speaking to WHO Radio’s Jeff Angelo on October 1, Upmeyer said she was also influenced by her predecessor Kraig Paulsen’s decision to leave the post long before an election. A new speaker is “well-served” by having a session under their belt, which helps them with fundraising and recruiting candidates, she explained. “I wanted to make sure that whoever was going to be leading the caucus in the future had those tools at their disposal going into this next election.”

Sources close to the legislature indicate that current House Appropriations Committee chair Pat Grassley is likely to become the next speaker, with Matt Windschitl moving up from House speaker pro-tem to majority leader. Current Majority Leader Chris Hagenow may not be part of the new leadership team, for reasons that remain unclear. UPDATE: The caucus selected Grassley as speaker, Windschitl as majority leader, and State Representative John Wills as speaker pro tem.

I’ve been thinking about Upmeyer’s legacy and how she influenced the chamber.

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Iowa governor's already denied ten AG requests to join national cases

Less than four months after persuading Attorney General Tom Miller to cede some of his power to her, Governor Kim Reynolds has already denied ten requests to sign Iowa on to multi-state legal actions related to federal or state policies on gun safety, immigration, environmental regulation, and reproductive or LGBTQ rights.

During the same time frame, Reynolds has approved five requests to join multi-state efforts on consumer protection, drug policy, or to help Iowa obtain a share of negotiated settlements.

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Leader quits Iowa civil rights enforcement agency (updated)

The Iowa Civil Rights Commission’s interim executive director stepped down last week, following an extended period of uncertainty for the agency charged with enforcing the Iowa Civil Rights Act.

Linda Grathwohl did not explain her decision in the letter she delivered to Governor Kim Reynolds on July 11. In an e-mail to the commission’s staff the same day, Grathwohl didn’t specify any reason for leaving, saying she planned to return to Iowa Legal Aid once her resignation was effective on July 25. Attempts to reach Grathwohl for further comment by phone, e-mail, and Facebook message were unsuccessful.

Nearly seven months have passed since Grathwohl’s predecessor, Kristin Johnson, left at the end of her term. Reynolds has not appointed a permanent executive director, and correspondence obtained by Bleeding Heartland through a public records request shows little sign the governor or her staff are interested in the agency’s work.

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Memo to law enforcement officers: Swearing at you is not a crime

The Adams County Sheriff’s office must stop charging critics with crimes, under a U.S. District Court injunction issued this week. The injunction is part of an agreement to settle a federal lawsuit filed on behalf of Red Oak resident Jon Goldsmith, the ACLU of Iowa announced on July 8. Goldsmith faced a third-degree harassment charge last year after putting up a profanity-laden Facebook post about a sheriff’s deputy.

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Overindependence

Ira Lacher reflects on the impact of federalism. -promoted by Laura Belin

On the eve of Independence Day, let us take a moment to consider that, like knowledge, too much independence is a dangerous thing.

When the founders declared America’s independence from Britain, they envisioned a nation composed of 13 semiautonomous states, which would maintain a delicate balance with a central government. That Rube Goldberg gadget empowered states to declare which human beings were human beings and which were property.

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Affected Iowans, Kim Reynolds discuss policy targeting transgender people

Two transgender Iowans and an LGBTQ advocacy group are challenging the new statute intended to deprive transgender people of Medicaid coverage for gender-affirming surgery. The ACLU of Iowa filed suit in Polk County District Court on May 31 on behalf of Aiden Vasquez, Mika Covington, and One Iowa.

Listening to the plaintiffs explain why they took this step, I was struck by the contrast between their heartfelt, compelling words and Governor Kim Reynolds’ heartless, clueless excuses for signing discrimination into law.

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LGBTQ lives cannot be compromised

One Iowa Action: “We should not be encouraging half-measures and disparate treatment of our fellow Iowans.” -promoted by Laura Belin

Des Moines Register Opinion Editor Kathie Obradovich’s recent column sets out a laudable goal; protecting both religious liberty and the LGBTQ community (What if Iowa could protect both religious freedom and LGBTQ rights?).

Unfortunately, the substance of the piece misses the mark by pulling from erroneous source material that equates Utah and Iowa, two states with very different legal and political landscapes. In doing so Obradovich implies, perhaps unintentionally, that LGBTQ Iowans need to start from a place of compromise when their rights and freedoms are threatened.

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How the Iowa House passed the civil rights bill in 2007

Former Iowa House Speaker Pat Murphy shares his memories of an important legislative victory twelve years ago. -promoted by Laura Belin

Last month Iowans celebrated ten years of marriage equality. Two years prior, the legislature added protections for LGBTQ people to Iowa’s civil rights law. One of my children asked me to share that experience in writing. What you are about to read is an excerpt.

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The 2007 votes that made 2019 a historic year for transgender Iowans

Only three months in, 2019 is already the most significant year for transgender equality in Iowa since 2007, when state lawmakers and Governor Chet Culver added sexual orientation and gender identity to the list of protected classes in the Iowa Civil Rights Act. That 1965 law hadn’t been significantly amended in decades.

The crucial Iowa House and Senate votes on the civil rights law happened during the first year since the 1960s that Democrats controlled both legislative chambers and the governor’s office. Support for LGBTQ equality is often taken for granted now in Democratic circles, but the issue was seen as more politically volatile twelve years ago. The bill amending the civil rights act came late in the 2007 legislative session and could not have passed without some Republican votes.

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How do you represent those people?

Aaron Hawbaker is the chief public defender for Black Hawk County. -promoted by Laura Belin

I am a criminal defense attorney. More specifically, I am a public defender. That further distinction is important for this discussion, because public defenders do not choose their clients based upon ability to pay or the merits of their case. They take all comers, warts and all. I am now in my fifteenth year of public defense and have had the responsibility of defending individuals charged with the spectrum of human baseness.

I am often asked, more frequently the more notorious the case, how can you represent those people?

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Protecting Iowa's courts

Connie Ryan on the current Republican effort to pack the courts: “Iowans understand this legislation is intended to advance the specific political agenda of a small group with a loud voice, placing our courts in harm’s way.” -promoted by Laura Belin

Interfaith Alliance of Iowa jumped into the business of protecting Iowa’s fair and impartial courts upon the announcement by the religious right in the summer of 2010 that they intended to unseat three highly qualified Supreme Court justices. They were politicizing the retention elections simply because they were mad the court ruled for the marriage rights of same-sex couples based on equal protections under our constitution.

The thought of a special interest group seeking revenge on our courts for a constitutionally-based and unanimous decision was unprecedented and frightening. Iowans wondered if this was where the division in our country was really taking us? Would extremist, special interest groups actually go after highly qualified justices committed to the constitution and the rule of law as retribution? The answer was yes.

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Recognizing Bleeding Heartland's talented 2018 guest authors

The Bleeding Heartland community lost a valued voice this year when Johnson County Supervisor Kurt Friese passed away in October. As Mike Carberry noted in his obituary for his good friend, Kurt had a tremendous amount on his plate, and I was grateful whenever he found time to share his commentaries in this space. His final post here was a thought-provoking look at his own upbringing and past intimate relationships in light of Dr. Christine Blasey Ford’s allegations against Judge Brett Kavanaugh.

Friese was among more than 100 guest authors who produced 202 Bleeding Heartland posts during 2018, shattering the previous record of 164 posts by 83 writers in 2017. I’m thankful for every piece and have linked to them all below.

You will find scoops grounded in original research, commentary about major news events, personal reflections on events from many years ago, and stories in photographs or cartoons. Some posts were short, while others developed an argument over thousands of words. Pieces by Allison Engel, Randy Richardson, Tyler Higgs, and Matt Chapman were among the most-viewed at the site this year. In the full list, I’ve noted other posts that were especially popular.

Please get in touch if you would like to write about any political topic of local, statewide, or national importance during 2019. If you do not already have a Bleeding Heartland account, I can set one up for you and explain the process. There is no standard format or word limit. I copy-edit for clarity but don’t micromanage how authors express themselves. Although most authors write under their real names, pseudonyms are allowed here and may be advisable for those writing about sensitive topics or whose day job does not permit expressing political views. I ask authors to disclose potential conflicts of interest, such as being are a paid staffer, consultant, or lobbyist promoting any candidate or policy they discuss here.

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Cory Booker gave the speech Democrats needed

It would be hard to overstate how dispirited, angry, exhausted, and hopeless many Democrats felt after watching the Brett Kavanaugh nomination play out. Not only have right-wing, partisan ideologues solidified their control of the U.S. Supreme Court, millions of sexual assault survivors feel like the Republican-controlled Senate punched them in the gut.

No one would have blamed Senator Cory Booker for missing the Iowa Democratic Party’s Fall Gala on October 6. He was stuck in Washington as Republicans scheduled a Saturday afternoon vote on Kavanaugh, without a full investigation of sexual assault allegations or any acknowledgement that the nominee lied under oath repeatedly during his Senate Judiciary Committee testimony.

Booker cast his vote against Kavanaugh, rushed to the airport and made it to Des Moines in time to give the keynote speech to more than 1,000 activists. Outside the hall afterwards, I heard one sentiment over and over again: Booker’s uplifting message was just what people needed to hear on a discouraging day.

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Please, for the sake of the nation (and my heart, body and soul)

Laura Hubka chairs the Howard County Democrats, is vice chair of the Iowa Democratic Party’s Disability Caucus, and is the first district liaison to the party for the Veterans Caucus. -promoted by desmoinesdem

I decided to go to Obama.org just to check it out after looking at one of President Barack Obama’s posts on Twitter (my heart jumped and sank at writing that last statement). It was full of videos from the campaign in 2008. Almost all of it from Iowa. Young people, music, chanting and all the excitement of what could be. The hope, the change, the light in the peoples faces. I had to fight back the tears.

I feel like something inside me has faded. A light inside me is dim. I am afraid that the winds of change from 2016 have blown out my candle. I keep trying to light it but it is like lighting a wet wick. I can’t seem to find a hot enough fire. My heart literally aches.

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Dave Loebsack is safe, so why is he still voting like a Blue Dog?

U.S. Representative Dave Loebsack voted for yet another bad Republican bill on September 7. Despite being a member of the Congressional Progressive Caucus, Loebsack has long had a less progressive voting record than most of his House Democratic colleagues.

Occasional conservative votes were understandable after Loebsack survived a close call in 2010 and faced hundreds of thousands of dollars in outside spending on attack ads before the next two general elections. But the last remaining Iowa Democrat in Congress coasted to a sixth term in 2016 with no groups spending money against him. He outperformed Hillary Clinton by about 9 points in the 24 counties he represents. Iowa’s second Congressional district is by common consent a safe Democratic seat this year. As of June 30, Loebsack’s campaign had nearly $2 million cash on hand, while his GOP challenger Christopher Peters had less than $30,000.

Why isn’t Loebsack a more reliable progressive vote in the House?

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Post-modern queer youth experience

“LGBTQ youth are forgotten even by members of the LGBTQ community,” writes advocate Nate Monson in this thought-provoking commentary. -promoted by desmoinesdem

Since 2007, I have served as the executive director for Iowa Safe Schools, a non-profit founded in 2002 to support LGBTQ youth through education, outreach, victim services, and advocacy. The organization works on the overall improvement of the queer youth experience for thousands of students across the state. The queer experience is the culmination of events and relationships a person has based on their LGBTQ identity. LGBTQ students are more likely than their heterosexual peers to experience a range of issues such as bullying, homelessness, and suicide.

In early April, I gave a Tedx Talk at Wartburg College about the Post-Modern Queer Youth Experience.

Working in the LGBTQ equality movement for over a decade has given me a front row seat to its inner workings. What I’ve found is that LGBTQ youth take a back seat in this broader conversation on equality, even though LGBTQ youth represent one of the most marginalized and at-risk populations.

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Expungement clinic makes debut in Linn County

Linn County Supervisor Stacey Walker and Mahder Serekberhan, a recent graduate of Mt. Mercy University in Cedar Rapids, describe efforts to break cycles of hardship stemming from encounters with the criminal justice system. -promoted by desmoinesdem

The Linn County Board of Supervisors, the City of Cedar Rapids and Iowa Legal Aid have teamed up to offer a legal clinic this fall for Linn County residents seeking relief from the consequences stemming from encounters with the criminal justice system. This Expungement and Employment Barriers Resource Clinic will be held Saturday, September 22 in Cedar Rapids at the Linn County Community Services Building located at 1240 26th Ave Court SW.

Anyone who has experienced Iowa’s criminal justice system and needs help with expungement, court debt, background check issues, or obtaining a driver’s license or vehicle registration can sign up by visiting the Linn County Board of Supervisors website at www.linncounty.org, or by calling Iowa Legal Aid at 515-243-1193. In addition, the clinic will host several community organizations that will offer assistance with housing, financial planning, education, and other issues.

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Sleeper Iowa Supreme Court ruling undermines constitutional protections

A little-noticed Iowa Supreme Court decision may leave Iowans more vulnerable to infringements of their constitutional rights.

Five justices held in Baldwin v. City of Estherville that government officials who can prove they “exercised all due care to conform with the requirements of the law” can’t be sued for wrongful arrests or searches and seizures. Justice Edward Mansfield’s majority opinion establishes qualified immunity for state constitutional law claims in Iowa. That legal concept means plaintiffs can’t easily sue individual officials (such as police officers) for violating their rights. The U.S. Supreme Court’s broad application of qualified immunity has become a hot topic of debate among legal scholars.

To my knowledge, no Iowa media have reported on Baldwin, which was overshadowed by higher-profile split decisions the state Supreme Court filed on the same day in June: namely, a landmark 5-2 abortion rights ruling and a 4-3 ruling that allowed a county attorney to return to his job despite a well-documented history of sexual harassment.

But dissenting Justice Brent Appel warned the Baldwin majority opinion may encourage abuses of power: “Rather than follow the state’s motto, ‘Our Liberties We Prize and Our Rights We Will Maintain,’ the majority follows an approach that suggests ‘Our Liberties Are Transient and Our Rights Are Expendable.’” Professor Mark Kende, director of Drake University’s Constitutional Law Center, told Bleeding Heartland last month that Baldwin could be an “‘under the radar’ big deal case.”

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Urgent: Civil rights commission threatened in Davenport (updated)

Latrice Lacey, an attorney and mother, has been director of the Davenport Civil Rights Commission since 2014. -promoted by desmoinesdem

The Davenport City Council is considering an illegal amendment to our city’s civil rights ordinance, which would eliminate the neutrality and independence of our Civil Rights Commission. The proposed change would decommission a body which has been active since 1962, remove the authority to manage staff, and replace it with a council-led board lacking knowledge of civil rights law enforcement.

In addition, the proposed ordinance would exclude all government and Davenport Schools employees from the protections of the civil rights ordinance. Despite this clear violation of state law and drastic change, council members have claimed there will be no change. Either they haven’t read the draft ordinance, or they are hoping community members haven’t read it.

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It is time to go for broke

Adam Kenworthy, chair of the Iowa lawyer chapter of the American Constitution Society, sees a message for all Democrats in a recent New York Congressional primary. -promoted by desmoinesdem

Alexandria Ocasio-Cortez’s victory in the Democratic primary for New York’s fourteenth Congressional District showed that authenticity, passion, and a strong commitment to a democratic socialist vision of policies for all people can win elections. That bright spot in an otherwise dark period in our country’s history offers hope for the future of the current Democratic Party.

Her victory should also illustrate the risk of relying solely on political pundits to explain, and validate, her individual impact and the root causes of her success. Ocasio-Cortez’s victory was inspiring, both for the boldness of her platforms and for two very striking factors: young age and lack of money. At 28, her obvious maturity and depth is portrayed as rare among her generational peers. But is it truly rare, or have we Democrats simply failed to explore the potential of a new generation or candidates that challenge conventional assumptions?

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Jason Kander: If you come for our right to vote, we're coming for your job

“Iowa is on the front lines of this fight for voting rights in America,” Former Missouri Secretary of State Jason Kander told state Democratic convention delegates on June 16. “And I’m here because a threat to democracy anywhere in America is a threat to democracy everywhere in America.”

The founder of Let America Vote was the only non-Iowan on the convention speaker’s list. His remarks were a highlight of the morning proceedings, so I’ve enclosed below the audio clip and full transcript. Among the memorable lines: “let’s send a message to every vote-suppressing politician in Iowa and across America that if you want to attack democracy, you’ve got to go through us. And if you want to come for our right to vote, we’re coming for your job.”

Kander has visited our state more than a dozen times in the last year and a half, raising awareness about voter suppression and headlining events for Democratic candidates or progressive organizations. Let America Vote’s executive director Abe Rakov has been based in Des Moines since last fall.

The group will particularly target the Iowa secretary of state race; Kander told reporters yesterday that Democratic nominee Deidre DeJear is “totally awesome.” (Fact check: true.) Let America Vote will also support some state legislative candidates. Last weekend they had interns out canvassing for four Democratic challengers in the suburbs of Des Moines: Heather Matson (House district 38), Karin Derry (House district 39), Kristin Sunde (House district 42), and Jennifer Konfrst (House district 43). Kander said on June 16 that Let America Vote has more than 40 interns on the ground in Iowa and knocked more than 7,000 doors here in the last five days.

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Iowa court strikes down state ban on Medicaid coverage for transgender care

A two-decade-old state administrative rule “clearly discriminates against transgender Medicaid recipients on the basis of gender identity by excluding coverage for medically necessary gender affirming surgery” while covering the same surgeries for non-transgender Iowans, a Polk County District Court ruled on June 7. Chief Judge Arthur Gamble found the rule violates both Article I, section 6 of the Iowa Constitution, which guarantees equal protection, and the Iowa Civil Rights Act, which has prohibited discrimination on the basis of gender identity since 2007.

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Groups sue to block abortion ban; Iowa AG won't defend law (updated)

UPDATE: Have added the plaintiffs’ court filings at the end of this post.

The American Civil Liberties Union of Iowa, Planned Parenthood of the Heartland, and the Iowa City-based Emma Goldman Clinic filed suit today to block the new state ban on almost all abortions after a fetal heartbeat can be detected. I enclose below the full statement from the groups and will post the court filing once that document becomes available. The Polk County District Court is certain to put a stay on Senate File 359 (which would have taken effect July 1) while litigation is pending.

Attorney General Tom Miller “has disqualified himself from representing the state” in this case, Solicitor General Jeffrey Thompson informed Iowa’s Executive Council today. Miller took that step after determining “he could not zealously assert the state’s position because of his core belief that the statute, if upheld, would undermine rights and protections for women.” The attorney general recommends that the Executive Council authorize the Thomas More Society to defend the law. That conservative group has offered its legal services at no cost to the state.

Miller’s decision is telling, because a few years ago, the Iowa Attorney General’s office defended the state administrative rule seeking to ban the use of telemedicine to provide medical abortions at Planned Parenthood clinics around the state. The Iowa Supreme Court unanimously found that policy created an “undue burden” for women seeking an abortion. You can read that decision in full here.

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Iowa legislative recap: Constitutional amendments

Iowa lawmakers went home for the year on May 5. In the coming weeks, Bleeding Heartland will catch up on some of the legislature’s significant work that attracted relatively little attention.

Two proposed state constitutional amendments passed both chambers and could appear on the 2020 general election ballot, if the House and Senate approve them in the same form during either 2019 or 2020.

Three other constitutional amendments cleared one chamber in 2017–in one case unanimously–then stalled in the other chamber as lawmakers completed this two-year session. Those ideas may resurface next year. But since changes to the state constitution must be passed by two consecutively elected legislatures before landing on the general election ballot (the last step in the process), Iowa voters would not be able to ratify those proposals until November 2022 at the earliest.

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