# Liz Bennett



Federal court rulings suggest new Iowa law is unconstitutional

Iowa’s Republican leaders have few checks remaining on their power. But one law approved during the 2023 legislative session appears unlikely ever to go into effect.

Federal judges in four states have blocked the government from enforcing bans on gender-affirming care for minors.

U.S. District Court Judge James Moody issued the most comprehensive ruling on the matter on June 20, when he permanently enjoined an Arkansas law enacted in 2021. Moody found the law violated the Fourteenth and First Amendments of the U.S. Constitution. Three other judges, including two appointed by President Donald Trump, have issued preliminary injunctions on similar laws in Indiana, Alabama, and Florida while litigation proceeds.

Although Arkansas Governor Sarah Huckabee Sanders has said she will appeal the ruling in Brandt v Rutledge, Judge Moody’s extensive findings of fact could influence the outcome on the Eighth Circuit Court of Appeals, where a challenge to Iowa’s ban on gender-affirming care may eventually be heard.

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

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

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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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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Who's who in the Iowa Senate for 2023

The Iowa Senate began its 2023 session on January 9 with 34 Republicans and sixteen Democrats, the largest majority seen in the chamber for about five decades. Five of the last seven Iowa general elections have been Republican waves.

Fourteen senators (nine Republicans, five Democrats) were just elected to the chamber for the first time in November. Seven of them (four Republicans and three Democrats) previously served in the Iowa House.

Fifteen senators are women (eight Democrats and seven Republicans), up from twelve women in the chamber prior to the 2022 election and more than double the six women senators who served prior to the 2018 election.

Democrat Izaah Knox is the second Black state senator in Iowa history. The first was Tom Mann, a Democrat elected to two terms during the 1980s. The other 49 senators are white. No Latino has ever served in the chamber, and Iowa’s only Asian-American senator was Swati Dandekar, who resigned in 2011.

Democrat Janice Weiner became the first Jewish person to serve in the Iowa Senate since Ralph Rosenberg left the legislature after 1994. Democrat Liz Bennett became the first out LGBTQ state senator since Matt McCoy retired in 2018.

I enclose below details on the majority and minority leadership teams, along with all chairs, vice chairs, and members of standing Iowa Senate committees. Where relevant, I’ve mentioned changes since last year’s legislative session. The Senate has added a new Technology Committee and renamed what used to be “Labor and Business Relations” as the Workforce Committee.

Some non-political trivia: the 50 Iowa senators include two Taylors, a Democrat and a Republican. As for first names, there are three Jeffs and two men each named Mark, Mike, and Dan.

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