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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Trump's got no education (policy)

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

Former President Donald Trump came to Iowa on March 13 and was supposed to give a talk on education policy. That proved to be false advertising. 

A glowing Governor Kim Reynolds was there to do the welcome. When the man finally appeared from behind the curtain, he looked a bit like a grizzly bear just coming out of hibernation. The governor was rewarded with a hug and a smooch, quite a trick for a 76-year-old orange hulk—one who’s waving his hand, trying to appear athletic and still stay erect. Give the man credit where due.

I listened to his whole (and I mean 90-minutes whole) speech on C-SPAN, waiting to hear how he’d make every kid an Einstein, but with no luck. Not even close — except (as per all red states) to put education in the hands of parents and ban any sexual, race-based or political content from being taught in schools. 

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Iowa out of step on access to police video

Randy Evans can be reached at DMRevans2810@gmail.com

Every few months, someone is killed or injured by police somewhere in the United States under circumstances that lead to inevitable questions about what exactly occurred.

Typically, answers come when video from the law officers’ squad car cameras or their uniform cameras is made public. Each time this occurs, there are two inescapable conclusions:

First, police in most states realize it is their obligation to release this video. They know that public faith and respect for law officers will suffer if citizens and journalists are prevented from viewing the footage, especially when an incident results in death or injury, most notably when the person was not armed.

And second, each time such video is released somewhere in the United States, it becomes obvious Iowa is out of step with most other states — because in Iowa, law enforcement agencies and government attorneys insist the video must forever remain off-limits because it is part of a confidential investigative file.

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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 naturalist B.O. Wolden remembered

B.O. Wolden (1886-1968) was a prolific naturalist, an amateur botanist, and an advocate for conservation. Born to pioneers in rural Emmet county, Olaf witnessed drastic ecological changes during his lifetime as European Americans reshaped the tallgrass prairie bioregion. For nearly forty years, Olaf shared his observations of the natural world in a regular newspaper column called Nature Notes.

The Observer: The Life and Writings of Bernt Olaf Wolden was written by Amie Adams in partnership with the Iowa Master Naturalist Program and Emmet County Conservation. The book contains a biography of B.O. Wolden (written by Adams) and a selection of 100 of Mr. Wolden’s “Nature Notes.” Readers will learn about Iowa’s natural history and this fascinating Iowa naturalist. Copies are available for purchase online and at the Emmet County Nature Center. All proceeds support conservation and nature education in Emmet county.

Please enjoy the following excerpts from the book.

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Cartoon: An exodus from Iowa

William R. Staplin shares another cartoon and explains his artistic choices.

The Lesbian, Gay, Transgender, Bisexual, Intersex, Queer/Questioning, Asexual (LGTBQIA+) community has lived on the margins of cis-gendered societal acceptance throughout recorded history. Mainstream societies have repressed the community in myriad ways: from self-righteous and pious condemnations and public humiliation to the destruction of careers (whether through hiring and firing discrimination or ”Don’t Ask Don’t Tell”), to brutal assaults in farmyards, playgrounds, and towns squares, all the way to targeted murders and lynching.

When the U.S. Supreme Court cleared a path for marriage equality across the country in June 2015, this brutalized community achieved a small portion of equity. Same-sex couples were able to legally wed and include their life partners for medical insurance, hospital visitation, and estate planning, providing some peace of mind for bereaved loved ones at difficult times.

But equality was in some way a mirage for members of the transgender community.

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CO2 pipelines: The same-old, same-old

Don Ray grew up in Fort Madison and has lived in Ringgold County since 1993. 

“Can you imagine rural Iowa or our state in general with reduced ethanol plants and 60% of the demand for corn gone? It would be truly devastating to our schools, hospitals and roads, just from a tax perspective.”

So spoke pipeline lobbyist Jake Ketzner (Summit Carbon Solutions) at a legislative hearing last month. He was arguing that the carbon dioxide pipelines are needed to keep the ethanol industry afloat which would support corn profitability and, in the process, save rural Iowa. 

The ever-increasing production of corn seems to have been Iowa’s foremost agricultural goal for many decades. And how has that worked out?  

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We need serious people to solve serious problems

Bruce Lear lives in Sioux City and has been connected to Iowa’s public schools for 38 years. He taught for eleven years and represented educators as an Iowa State Education Association regional director for 27 years until retiring.

Lately I’ve been thinking about why Iowa GOP politicians seem committed to shouting at the rain instead of solving real problems.

I think the answer might be in a quote from the 1995 movie The American President. Fictional President Andrew Shepard says, “We’re a society that has assigned low priority to education and has looked the other way while our public schools have been decimated. We have serious problems to solve, and we need serious people to solve them.”

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Alexander Clark Day 2023

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

“February 25 is Alexander Clark Day in Muscatine.”

That was the first sentence of Column 1, on February 9, 2022. This is Column 48.

“How convenient that our city holiday comes during Black History Month!”

That was me extolling the unanimous City Council vote of 2018 declaring our municipal intention to celebrate a famous resident’s 1826 birthday in perpetuity—every year going forward.

I concluded Column 1: “There is so much more to be told about Muscatine’s part in Black History. One month is never enough.”

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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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Read the messages Ron DeSantis is testing with Iowa Republicans

Although Florida Governor Ron DeSantis has not formally declared his intent to run for president, he is already testing messages with Republican activists in Iowa.

A survey distributed to Iowans via text shows the governor’s team searching for points that could persuade GOP caucus-goers, not only highlighting what DeSantis has done in office—the focus of his remarks in Davenport and Des Moines on March 10— but also his military service and relative youth compared to former President Donald Trump.

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Iowa House backs improvement to open records process

UPDATE: On March 30, Iowa Senate leaders placed House File 350 on the “unfinished business” calendar, keeping it alive for the 2023 legislative session. However, House File 333 is dead for this year. Original post follows.

The Iowa House has unanimously approved a bill designed to improve the process for those seeking public records from government bodies.

House File 350 would add new language to the open records law, known as Chapter 22, requiring government bodies to “promptly acknowledge” requests for public records and provide contact information for the person designated to handle the request.

The records custodian would also have to provide an “approximate date” for producing the records and an estimate for the cost involved in compiling and reviewing them. Finally, the custodian would need to inform the person seeking records “of any expected delay” in providing them.

The Iowa Public Information Board, which is charged with enforcing the state’s sunshine laws, proposed the bill using language that closely follows one of the board’s advisory opinions.

The goal is to address a recurring problem: some government bodies ignore records requests for weeks or months, leaving members of the public with no idea when or whether they will receive the material. For instance, Clark Kauffman of Iowa Capital Dispatch and Bleeding Heartland guest author Rachel Bruns both experienced lengthy delays when seeking information from the Iowa Department of Public Health.

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Susan Clark in storybooks

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

I once drove a busload of visitors to the little park we call Mark Twain Overlook and heard their company’s guide tell them: “He lived in Muscatine for about three years, and his house was up here.”

I simply grinned. I was just the driver, not the history police.

Did you know Mark Twain lived in Muscatine? That part is true—all you need to know if you want to mention his storybook characters for whatever you’re selling or even name some streets and subdivisions. We’ve probably done more of that here than anywhere else outside of Hannibal, Missouri.

How many days he was here—or nights—doesn’t matter. He judged our sunsets the best anywhere. Boosters took it and ran.

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Keep the community in Community-Based Corrections

Story County Supervisor Linda Murken chairs the board of directors of the Second Judicial District Department of Correctional Services. This commentary was jointly signed by the chairs of the Boards of Directors of all eight Iowa Judicial District Departments of Correctional Services (names are listed below).

Community-Based Corrections or CBC provides a vital service to Iowa communities. In corrections, prisons and jails are well known. But you may not be aware of community-based corrections, because that part of the system has been operating quietly in the background for the past 50 years, saving millions in taxpayer dollars. 

Unfortunately, Governor Kim Reynolds’ proposal to reorganize state government may have serious unintended consequences to our unique and effective system. We are asking all Iowans to learn about CBC to understand why its current structure is valuable. 

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Republicans use debt ceiling fight to cut safety net

Kay Pence is vice president of the Iowa Alliance for Retired Americans.

Refusing to raise the debt ceiling is like running up your credit card and punishing yourself by refusing to pay the bill.  It ruins your credit score and costs more in the long run. Raising the debt ceiling does not authorize new spending, it authorizes borrowing to pay bills already incurred. Paying bills are obligations not negotiations.

MAGA Republicans want to use the debt ceiling fight to force cuts in future unnamed programs. What they want to cut isn’t exactly secret; we have seen and rejected, most of their proposals before.

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Iowa governor sides with anti-vaxxers, not cancer experts

LATE UPDATE: Republican lawmakers kept this provision in the final version of Senate File 496, which Governor Reynolds signed in May. Original post follows.

Iowa’s leading cancer researchers released sobering numbers last week. Data from the Iowa Cancer Registry indicates that Iowa has “the second-highest overall cancer incidence of all U.S. states” and is “the only state with a significant increase in cancer incidence from 2015 to 2019.”

In addition, Iowa ranks first for “rates of new cases of oral cavity and pharyngeal cancer,” often known as head and neck or mouth and throat cancers. Iowa also has the country’s second-highest rate for leukemia and ranks fifth and sixth for melanoma and non-Hodgkin lymphoma, respectively.

Meanwhile, Governor Kim Reynolds is forging ahead with efforts to stop requiring Iowa schools to teach junior high and high school students that a vaccine is available to prevent human papillomavirus (HPV). That virus can cause cancer in several areas of the body, including the mouth and throat.

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Where things stand with bills targeting Iowans on public assistance

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

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

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GOP lawmakers hitting Iowans with "capitol punishment"

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.

A bill that would bring back the death penalty for those who abduct, rape, and kill minors in Iowa is not likely to become law this year, but that does not mean the concept of capital punishment is off the legislature’s agenda.

Quite the contrary. Capitol punishment—the “ol” refers to the building in which lawmakers meet—is the theme of the 2023 legislative session and state government in general. Republicans are all but certain to inflict it upon us again a year from now.

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Let's stop defining and start doing

Bruce Lear lives in Sioux City and has been connected to Iowa’s public schools for 38 years. He taught for eleven years and represented educators as an Iowa State Education Association regional director for 27 years until retiring

Everyone probably remembers the junior high or high school bully.  The one who terrorized vulnerable kids, who dressed a little differently or didn’t say the right things. The ones who didn’t fit in. Those perceived as “other.”

Every school had a bully.

The only thing worse than a lone bully is a group of them trying to outdo each other. Then it becomes a competition to see who can punch down harder on their victims. When bullying escalates, the environment deteriorates. 

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