# Megan Jones



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

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

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

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

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

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

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Democrats blew a chance to connect with rural Iowa

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

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

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

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

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

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

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

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

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

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

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What Iowa's remarkable medical malpractice debate revealed

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

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

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

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

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

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Who's who in the Iowa House for 2023

The Iowa House opened its 2023 session on January 9 with 64 Republicans and 36 Democrats, a four-seat gain for the GOP compared to last year.

Thirty-eight representatives (24 Republicans and fourteen Democrats) were just elected to the chamber for the first time in November. Two Republicans previously held other legislative offices: Craig Johnson served one and a half terms in the Iowa Senate, and David Young served two terms in Congress.

The House members include 71 men and 29 women (sixteen Democrats and thirteen Republicans), down from 31 women who served for the last two years. The record for women’s representation in the Iowa House was 34 female lawmakers in 2019.

Six African Americans (Democrats Ako Abdul-Samad, Jerome Amos, Jr., Ruth Ann Gaines, Mary Madison, and Ross Wilburn, and Republican Eddie Andrews) serve in the legislature’s lower chamber. As Abdul-Samad began his seventeenth year at the capitol, he surpassed Helen Miller as Iowa’s longest-serving Black state legislator.

Republican Mark Cisneros was the first Latino elected to the Iowa legislature in 2020, and Democrat Adam Zabner is now the second Latino serving in the chamber. Republican Henry Stone became only the second Asian American to serve in the House after the 2020 election, and Democrat Megan Srinivas was also elected in November. The other 92 state representatives are white.

Democrat Elinor Levin is the only out LGBTQ member of the Iowa House. She and Zabner are also the first Jews to serve in the chamber for more than three decades. Abdul-Samad is the only Muslim member of the House, and Srinivas is Hindu.

I’ve posted details below on the Iowa House majority and minority leadership teams, along with all chairs, vice chairs, and members of standing House committees. Where relevant, I’ve noted changes since last year’s session. The biggest change is that House Speaker Pat Grassley created an Education Reform Committee to consider the governor’s school voucher plan and other controversial education bills. The House also eliminated the Information Technology Committee.

Some non-political trivia: the 100 Iowa House members include two with the surname Meyer (a Democrat and a Republican) and two Thompsons and a Thomson (all Republicans). As for popular first names, there are four men named David or Dave, four named Thomas or Tom, three Roberts (a Robert, a Bob, and a Bobby), three Brians, three men named Michael (two go by Mike), a Jon and two Johns, two named Charles (a Chuck and a Charley), and two men each named Jeff, Ken, Steve, Matt, Austin, and Josh or Joshua. There are also two Elizabeths (one goes by Beth), an Ann and an Anne, and two women each named Heather, Megan, and Shannon. As recently as 2020, four women named Mary served in the Iowa House, but just one was sworn in this week.

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