Response to proposed ‘Don’t Say Gay’ legislation in Iowa

Iowa has a history of saying “gay” before others. In 2009, Iowa became just the third state in the nation to recognize gay marriage as a legal right according to its state Supreme Court decision Varnum v. Brien.  So, we Iowans not only can say “gay,” but most of us understand that doing so makes us stronger as a community.

Simply put, words matter. 

They determine the ways in which we can connect with others and clearly indicate where we diverge.  Such awareness ensures our ability to make decisions that impact our individual health, safety and engagement with the broader world.

Conversely, for government to either silence speech or compel it is not only unconstitutional, but also undermines the very fabric of American society. Unfortunately, as history has long shown us, governments seem unable to resist trying. Why?  Because if successful, the silencers remain in power. 

It should come as no surprise that Republican Iowa legislators, emboldened by midterm wins and GOP Governor Kim Reynolds’ rising national star, feel they have a blank check to focus their agenda on pandering to the extreme element of the conservative base by targeting LGBTQ+ Iowans.

Under the cynical guise of defending “parental rights,” Iowa legislators are attempting to follow the lead of Florida’s “Don’t Say Gay” law enacted in March 2022 that prohibits “classroom discussion about sexual orientation or gender identity” in the state’s public schools.  Those conservative coattails look like Iowa HF7, HF8, and HF9 respectively.

In classic overreach, Iowa House File 7 seeks to limit speech on its public college campuses by, among other things, imposing onerous reporting requirements on how universities teach about social justice including, but not limited to, LGBTQ+ issues.  Under the proposal, public schools would be required to “report with specificity” on how a long list of concepts such as: “teaching with humanizing orientation, peace building, teaching for prejudice reduction, and anti-oppressive literature,” among many others, are used in the classroom. Such burdensome reporting requirements will naturally chill free speech and limit academic preparation for Iowa’s future teachers who will undoubtedly grapple with, and now be less prepared for, complex equity issues in the classroom as professionals.  

A more focused targeting of LGBTQ+ Iowans can be found in House Files 8 and 9.  Given the recent efforts by some to remove books from school libraries or curricula that address gender identity issues, it naturally follows that GOP legislators are seeking to capitalize on false claims of “sexual grooming” by “prohibiting instruction relating to gender identity and sexual orientation” with HF 8. This proposal will prohibit any discussion of gender identity in kindergarten through third grade classrooms, under the false claim that to have any conversation whatsoever “sexualizes” children.  

The problem hinges on what constitutes “instruction.” No teacher sets out to offer instruction in how to be or become a member of the LGBTQ+ community.  No one.  This is not about indoctrination.  It is about inclusion. If a child with two same-sex parents has the opportunity to read a book about a family with same-sex parents, it bolsters that child’s sense that they are not alone. Seeing oneself in this light can be life affirming. According to a survey released in 2022 by The Trevor Project “nearly half of all LGBTQ+ youth seriously considered attempting suicide in the past year.”Ultimately, marginalized youth are at higher risk for depression, anxiety, and suicidal thoughts when they are stigmatized or ostracized by the broader community. Active silencing or the erasure of the LGBTQ+ perspective from community conversation undermines a child’s ability to see themselves as a valued member in that community. Such isolation can have deadly consequences and strengthens existing social divisions that foster bullying and other abuses.

If government silencing to perpetuate systemic inequity can be understood as a violation of our democratic values, it’s not hard to look at compelled speech as its evil twin equivalent.  HF 9 sets out to do just that.  The proposed bill’s third point reads: “Each school district is prohibited from… willfully withholding information… or knowingly giving false information to, the parent or guardian of a student regarding the student’s gender identity or intention to transition…”  In essence, legislators will require teachers to tell parents if they know or suspect that their child is wrestling with gender identity issues.  

If all homes were harmonious and unconditionally supportive of LGBTQ+ children, this might not cause damage.  They’re not.  The evidence of HF 9 alone indicates that some children feel safer confiding in a trusted teacher or counselor before their own parents when it comes to sexual orientation or gender identity.  We need only look at the comparatively far higher rates of homelessness among LGBTQ+ youth to understand that compulsory “outing” of young people’s sexuality and gender identity can have dire consequences.  According to the National Network for Youth, “Family conflict is the primary cause of homelessness for LGBTQ+ youth, which is disproportionately due to a lack of acceptance by family members of a youth’s sexual orientation or gender identity.” 

Iowa’s GOP legislators have privileged these three initiatives among their top goals for the coming year.  Their enactment will cause irreparable damage to our LGBTQ+ communities, especially youth, and severely limit Iowans’ ability to say what is on their minds, or not, as they see fit.  

To advance society, communities need an opportunity to engage in issues openly, without fear of reprisal or coercion. These proposals actively shut down that engagement.

Storm Lake LGBTQ+ advocates and community members: Andrea Frantz, Ph.D.; Wind Goodfriend, Ph.D.; Meg McKeon, Ed.D, LISW; Gus Raymond, MA, CADC; Rev. Melanie Hauser, Ph.D.; Willa J. Casstevens, PhD, LISW, LCSW; Maggie Martinez, LMSW; Sabrina Martinez, MD; Joel Berrien, Jr. Ed.D.; and the SALUD Multicultural Health Coalition Board: Di Daniels; María Ramos,  Joanne Alvorez, Jenelle Martin,  Emilia Marroquin, Nichol Kleespies, Rev. David D. Kebschull