A new state law denying sex education funding to Planned Parenthood will likely be found unconstitutional, a Polk County District Court has determined.

Judge Joseph Seidlin issued a temporary injunction to block new statutory restrictions on Planned Parenthood of the Heartland’s access to government sex education grants. His order, enclosed in full below, found Planned Parenthood would suffer “irreparable harm” if the law took effect. State agencies are due to announce fiscal year 2020 recipients for the Community Adolescent Pregnancy Prevention and Services Program (CAPP) and the Personal Responsibility Education Program (PREP) on May 31.

In addition, the court’s order stated Planned Parenthood was “likely to succeed on the merits of its equal protection claim” under the Iowa Constitution, since the law contains an exemption for a “nonprofit health care delivery system” that provides abortions in some locations.

Two months after a U.S. District Court struck down Iowa’s 2012 “ag gag” law, state lawmakers rushed to pass a new statute protecting agricultural facilities from damaging publicity.

Less than six weeks after Governor Kim Reynolds signed that law into effect, the same plaintiffs were back in federal court, arguing that the statute violates the First Amendment.

Didn’t see this one coming: Governor Kim Reynolds will not appeal a Polk County District Court ruling that struck down the country’s most restrictive abortion law.

Matt Chapman reports from the first legislative hearing on a constitutional amendment to change Iowa’s felon disenfranchisement system. -promoted by Laura Belin

Despite record low temperatures outside, the room was packed for the January 31 Iowa House Judiciary subcommittee meeting to consider House Study Bill 68, a constitutional amendment proposed by Governor Kim Reynolds.

Iowa’s law banning most abortions after a fetal heartbeat can be detected violates the state constitutional guarantees of equal protection and due process, Polk County District Court Judge Michael Huppert ruled on January 22.

The Iowa Supreme Court will almost certainly agree that the law is unconstitutional. But it is unclear whether the high court will keep its decision grounded in the Iowa Constitution, as the District Court did. If the Iowa Supreme Court strikes down the law citing provisions of the U.S. Constitution, they will open the door to appeal in the federal courts.

Despite heat advisories across most of the state, at least 2,000 Iowans turned out for rallies and marches on June 30 to oppose the Trump administration’s family separation policy and demand justice for immigrants.

Like the Women’s March and similar mass protests from the past two years, the Keep Families Together events were a target-rich environment for creative political signs and t-shirts. With thanks to those who gave permission to publish their photographs here, I’ve compiled some of my favorite images from the weekend.

Pro-choice advocates were jubilant about the Iowa Supreme Court’s landmark decision striking down a major section of a 2017 anti-abortion law.

However, the other major piece of that law remains in effect: a near-total ban on abortions beyond 20 weeks “post-fertilization.” Speaking to reporters on June 29, American Civil Liberties Union of Iowa legal director Rita Bettis asserted the 20-week ban is “clearly unconstitutional and a violation of women’s fundamental rights.” She declined to say whether the ACLU will challenge that provision: “We don’t forecast our litigation strategy.”

Although I am not an attorney, I am a third-generation supporter of reproductive rights in Iowa. So I’ve been thinking about how a case could get the 20-week ban before the Iowa Supreme Court.

Five Iowa Supreme Court justices ruled today that a mandatory 72-hour waiting period for all women seeking abortion violates due process rights and equal protection guaranteed under the state constitution. Planned Parenthood of the Heartland and the American Civil Liberties Union of Iowa had challenged that provision, part of a law Republican legislators and Governor Terry Branstad enacted in 2017.

Today’s decision guarantees that the 2018 law banning almost all abortions after a fetal heartbeat can be detected will be struck down. A lawsuit filed by Planned Parenthood, the ACLU of Iowa, and the Emma Goldman Clinic is pending in Polk County District Court.

In addition, the ruling indicates that even if the U.S. Supreme Court overturns the 1973 Roe v. Wade decision in the coming years, Republicans will be unable to ban or severely restrict abortion rights in our state.

Writing for the majority, Chief Justice Mark Cady rejected the “undue burden” standard for evaluating abortion restrictions, set out by the U.S. Supreme Court in its 1992 Casey decision. I enclose below the full text of the majority opinion and the dissent by Justice Edward Mansfield, whom President Donald Trump has named as a possible U.S. Supreme Court pick. I’ve excerpted some of the most important passages.

A separate section of the 2017 law, banning almost all abortions after 20 weeks gestation, was not challenged in this case and remains in effect.

Some Iowa judicial trivia: today marks the second time the Iowa Supreme Court has overturned an abortion-related ruling by Polk County District Court Judge Jeffrey Farrell. He had also upheld the administrative rule banning the use of telemedicine for abortion. The Supreme Court unanimously struck down that rule in 2015.

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.

Polk County District Court Judge Michael Huppert has granted a temporary injunction to prevent Iowa’s near-total ban on abortion from going into effect on July 1. Attorneys from the Thomas More Society, a conservative Chicago law firm representing the state pro bono, did not object to the injunction at today’s hearing, Stephen Gruber-Miller reported for the Des Moines Register.

Senate File 359 outlaws almost all abortions after a fetal heartbeat can be detected, with very few exceptions. Planned Parenthood of the Heartland, the American Civil Liberties Union of Iowa, and the Emma Goldman Clinic filed suit last month, citing three ways in which the law violates rights guaranteed under the Iowa Constitution.

Advocates for the law have expressed hope that the case could eventually prompt the U.S. Supreme Court to overturn the 1973 Roe v Wade decision. Plaintiffs structured the case to keep the litigation in state court, because if the Iowa Supreme Court finds the state constitution protects a woman’s right to terminate a pregnancy, there will be no path to appeal in federal courts. UPDATE: To clarify, some cases filed in state court can be appealed to federal courts. However, all claims in this lawsuit are grounded in alleged violations of the Iowa Constitution: specifically, due process rights, “inalienable rights of persons to liberty, safety, and happiness,” and equal protection. Plaintiffs are not claiming the abortion ban violates any rights guaranteed under the U.S. Constitution.

This law will never be enforced, because it is obviously unconstitutional. Some readers have asked whether the case might be resolved before the November election. That’s extraordinarily unlikely. A timeline of events in Iowa’s last legal battle over abortion rights suggests it could be years before the Iowa Supreme Court decides this case.

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.

Governor Kim Reynolds has signed a bill designed to force Iowa police and sheriffs to assist with federal immigration enforcement.

In so doing, she undermined public safety and constitutional rights against unreasonable searches and seizures–not only for those living in Iowa without legal authorization, but also for immigrants who are lawfully present or even U.S. citizens.

A federal court has put Iowa’s governments on notice: officials cannot restrict free speech by suing or threatening to sue critics of public policies.

Republican State Representative Steve Holt has described a bill seeking to ban “sanctuary cities” in Iowa as a “common-sense issue for a lot of people.” At an Iowa House Public Safety subcommittee meeting on January 30, Holt and fellow Republican Greg Heartsill voted to advance this poorly thought-out and possibly unconstitutional legislation, even though supporters couldn’t recruit a single person to speak in favor of it.

Dr. Christopher Peters may soon have a Republican primary rival in Iowa’s second Congressional district. Multiple sources tell Bleeding Heartland that Ginny Caligiuri has been laying the groundwork to seek the GOP nomination and plans to have petitions out for activists to sign at the Republican Party of Iowa’s precinct caucuses on February 5. At this writing, the Federal Election Commission’s website has not published any statement of organization for a Caligiuri campaign. The would-be candidate has not replied to requests for comment.

Caligiuri is well-known in Iowa Christian conservative circles, having served as state director for the United States National Prayer Council, the Iowa Prayer Caucus, and National Governors’ Prayer Team. She’s on the committee planning this year’s Iowa Prayer Breakfast in March.

Iowans have a chance this Monday to weigh in on rules that will make it harder for some citizens to register to vote or cast a ballot, starting next year.

Two years ago, a federal court in Idaho ruled that state’s “Ag Gag” law unconstitutional, saying the ban on “interference with agricultural production” violated the First Amendment. That ruling pointed to similar problems with Iowa’s law prohibiting so-called “agricultural production facility fraud.”

Today, “a broad coalition of public interest groups” asked a federal court to strike down Iowa’s law under the U.S. Constitution and “enter an order blocking the state from enforcing it.”

The American Civil Liberties Union of Iowa has filed a second lawsuit charging that state government violates the civil rights of transgender Iowans. Plaintiff EerieAnna Good is a Medicaid recipient who has been denied coverage for transition-related surgical care, because Iowa Department of Human Services administrative rules exclude Medicaid coverage for surgery related to “Sex reassignment.”

Professional associations representing doctors, psychologists, psychiatrists, and social workers support transition-related care as medically necessary, and more than a dozen states prohibit transgender exclusions in private health insurance or Medicaid.

In a news release enclosed in full below, ACLU of Iowa legal director Rita Bettis noted that “Iowans who are not transgender routinely receive coverage for a medically necessary mastectomy—but a transgender Iowan would be banned from coverage for the same care to treat gender dysphoria regardless of medical need. That’s a violation of the Iowa Civil Rights Act and equal protection under the Iowa Constitution.” (Since 2007, the Iowa Civil Rights Act has prohibited discrimination on the basis of gender identity.)

A second transgender Iowan, Carol Ann Beal, will likely join this lawsuit after the Iowa DHS finishes processing her appeal of Medicaid’s denial of coverage, the ACLU said.

Last month, the ACLU filed suit on behalf of a former Iowa prison nurse, who “was continuously denied the use of restrooms and locker rooms consistent with his gender identity, because he is transgender,” and also denied “the same level of health care benefit coverage” the state plan provided to employees who are not transgender.

A former prison nurse has filed Iowa’s first transgender rights case since state lawmakers and the governor added gender identity protections to the Iowa Civil Rights Act in 2007, the American Civil Liberties Union of Iowa announced today.

Jesse Vroegh is suing the Iowa Department of Corrections, the Iowa Department of Administrative Services, the insurance company Wellmark Blue Cross/Blue Shield of Iowa, and State Penitentiary Warden Patti Wachtendorf on four counts of discrimination on the basis of gender identity and sex. The plaintiff charges that while employed at the Iowa Correctional Institution for Women in Mitchellville, he “was continuously denied the use of restrooms and locker rooms consistent with his gender identity, because he is transgender.”

In addition, the Department of Corrections “denied transgender employees the same level of health care benefit coverage that it provided to non-transgender employees,” while the Department of Administrative Services “was involved in the decision to select and offer to employees of the Iowa Department of Corrections only employer-sponsored health care plans which discriminated against transgender employees.”

Vroegh claims the state’s actions violated the Civil Rights Act and provisions in the Iowa Constitution that prohibit discrimination on the basis of sex and require equal protection for historically disfavored groups. I enclose below the plaintiff’s initial court filing and a press release providing more background on the case.

Although he no longer works for the Department of Corrections, Vroegh said in a statement he is proceeding with the lawsuit “because I feel I need to fight for the rights not only of transgender people who work for the state but for other Iowa workers as well. I’m not asking for any special treatment of myself or any other transgender person. All I’m asking for is that transgender people be treated the same way as people who are not transgender.”

The ACLU of Iowa noted, “The first transgender employment discrimination case, Sommers v. Iowa Civil Rights Commission, was decided in 1983. But today’s action is the first case we’re aware of to be filed in Iowa District Court that asserts gender identity discrimination in employment since the Iowa Civil Rights Act was amended in 2007 to include gender identity and sexual orientation.” A few state House and Senate Republicans joined almost all of the Democratic lawmakers to approve the new civil rights language during the first year Democrats had controlled both chambers of the legislature in more than a decade. Governor Chet Culver signed the bill into law.

The city of Windsor Heights insists officials did not violate the First Amendment when attempting to restrict displays of signs opposing construction of new sidewalks and other local government policies. In a letter to the American Civil Liberties Union of Iowa, which is representing affected homeowners, attorneys for the city revised the legal grounds for previous actions and asserted that Windsor Heights is enforcing content-neutral sign regulations.

The inexplicably intense, years-long debate over installing new sidewalks in Windsor Heights appeared to be heading toward resolution this summer.

Then officials in my home town took the idiotic and unconstitutional step of trying to prevent anti-sidewalk homeowners from displaying signs critical of city government.

Iowa’s supposedly “efficient and convenient” process for regaining the franchise after a felony conviction resulted in Governor Terry Branstad restoring voting rights to only 206 people over nearly six and a half years.

More than 50,000 others remain unable to vote, probably for the rest of their lives.

Iowa’s proposed 72-hour waiting period for all abortions represents an “unwarranted intrusion into women’s personal privacy and autonomy” that “will threaten women’s health” and create “an undue burden” with “an improper purpose,” according to a lawsuit Planned Parenthood of the Heartland filed yesterday in Polk County.

Governor Terry Branstad plans to sign Senate File 471, which would be one of the country’s most restrictive anti-abortion laws, first thing in the morning May 5. Originally conceived as a ban on most abortions after 20 weeks of pregnancy, the bill became much broader when Iowa House Republicans added the no-exceptions 72-hour waiting period, new ultrasound rules and a requirement that doctors inform women about other options and “indicators, contra-indicators, and risk factors including any physical, psychological, or situational factors related to the abortion.”

New restrictions on voting in Iowa are headed to Governor Terry Branstad after one last party-line vote in the state Senate on Thursday. The final version of House File 516 contains voter ID and signature verification requirements that will surely prevent some eligible voters from having their ballots counted. For more on those barriers, read Johnson County Auditor Travis Weipert’s statement enclosed below, testimony from the public hearing in the Iowa House last month, Bleeding Heartland guest posts by representatives of One Iowa and the American Civil Liberties Union, John Deeth’s “deep dig,” and the position paper from Iowa’s Commission on Asian and Pacific Islander Affairs. That commission took its first-ever stand on pending legislation out of concern House File 516 will “impede access to the voting booth.”

Later today, Iowa Senate Republicans will give final approval to a bill that could prevent thousands of eligible voters from casting ballots. A broad coalition of groups oppose House File 516, because common sense and research on similar laws in other states overwhelmingly point to one conclusion: voter ID and signature verification requirements will create barriers to the exercise of a fundamental constitutional right, disproportionately affecting students, the poor, the elderly, and people of color.

Republicans don’t acknowledge any of the expert testimony. They pay no attention to the conservative judge who regrets his ruling on Indiana’s voter ID law, having concluded that such laws are “a means of voter suppression.” They keep insisting their so-called “election integrity” bill won’t block a single citizen from voting.

They offer up false equivalencies, saying in their newsletters and on the Senate floor that Iowa Democrats also passed a voter ID law when they controlled both legislative chambers.

These tactics can be effective because most news reports on contentious issues give equal weight to both sides, even if one side is not credible. The “he said/she said” frame with no effort to evaluate competing claims is one of my major journalism pet peeves.

But I realized last Friday that when a politician stretches the truth, a reporter’s incompetent fact-check is worse than no fact-checking at all.

Matt Chapman covers yesterday’s Iowa Senate debate on the voter suppression bill. John Deeth explained the key points of a Republican amendment changing that bill in several important ways. -promoted by desmoinesdem

On Thursday the Senate passed along party lines the controversial voter ID bill, House File 516, and sent it to the House for approval.

Forget about Democratic amendments to accept other forms of ID such as Social Security, Medicaid or Medicare cards. Republicans voted that down.

Forget about the amendment that would restore the early voting window to the current 40 days instead of 29 days. Republicans voted that down.

Forget about the amendment that would remove the need for signatures to be examined by poll workers, which will reduce access to the polls by creating long lines and the potential for biased decision making by poll workers.

And forget about the provision that would allow two persons in the booth, since we only print ballots in English, and non-native speakers may need help understanding the ballot.

And forget about the claim that provisional ballots will be provided if you have no ID. You will have 48 hours to show up at your auditor’s office with a photo ID anyway.

And forget about the fact that the education and contacting of eligible voters is woefully underfunded.

But don’t forget about Senator Nate Boulton’s comments during closing arguments, or those of other senators disgusted by social injustice. (You should go to the archived footage and watch.)

All you need to know about the validity of the reasoning behind this bill is to listen, read or watch the closing arguments by the bill’s (I won’t say author because I think we all know who wrote this) floor manager, Senator Roby Smith.

Elise Bauernfeind lays out one of many scenarios that could lead to a citizen’s vote not counting after Republicans enact voter ID legislation. -promoted by desmoinesdem

As a journalism and politics major at Drake University, my right to vote is extremely important to me.

That’s why I am deeply concerned about Secretary of State Paul Pate’s voter ID proposal now in play in the Iowa Legislature. If it had been in place during the elections last November, my right to vote likely would have been blocked—even though I am an eligible Iowa voter.

Pate’s bill, both as filed and as amended by the House State Government Committee, would reduce the types of ID people would be allowed to use to verify their identity prior to voting to just Iowa driver’s licenses, passports or military/veterans IDs. And that change would make it much more difficult and complicated for thousands of people—including myself—to vote.

Pete McRoberts describes how some local officials in Iowa lobbied against a 2016 bill designed to protect domestic violence victims from eviction. -promoted by desmoinesdem

It’s impossible to spend any time at the state legislature this year without hearing phrases like “local control” and “home rule” discussed in concert with any number of progressive questions. At yesterday’s public hearing on a statewide preemption bill, many people based their opposition on these same ideas, specifically, that a local government “knows best for its residents,” and that city councils are where big decisions should be made.

The Iowa Constitution, and state law, both support this idea – within some clearly defined boundaries. Home rule is simple; it generally means local governments are in charge when there’s no contrasting state law, or when they are acting to execute an identified city power.

These rights exist for a reason; there are more than 900 cities in Iowa, each with their own local issues. The boundaries exist for that same reason, but on the other side of the ledger – a person’s rights can never be diminished because of a local decision. Home rule and local control work when both of those parts are understood.

An example of local control and home rule falling apart came to my attention in 2014, when activists began a multi-year response to abusive local ordinances in Cedar Rapids and Des Moines which hurt survivors of domestic violence, and set them up for eviction upon calling the police when they needed to. It was a full-blown battle. Those cities spent hundreds of thousands of dollars in taxpayer money to defend their corrupt ordinances, all in the name of “home rule” and local control. They nearly won.

Nearly three weeks after Iowa Secretary of State announced plans to push for new voter ID requirements, Pate still hasn’t produced a draft bill that would answer important questions about how his scheme would work. Skeptics including John Deeth, Gavin Aronsen, Pat Rynard, the Des Moines Register editorial board, the Quad-City Times editorial board, and I have posited that the proposal would disenfranchise a significant number of eligible voters, largely from groups that tend to lean Democratic. Pate strenuously objects, claiming that his only concerns are for the “integrity” of Iowa elections and voter confidence in the system.

In addition to arguing his case on social media and in “a public relations tour of Iowa newsrooms,” Pate has sought to enlist support from county auditors, many of whom “aren’t fans of voter ID” requirements.

I enclose below two documents the Secretary of State’s Office distributed to county auditors during the week after his voter ID rollout.

For the first time last year, I put some thought into what posts had consumed the greatest amount of my energy. I realized that some of those deep dives were among my most satisfying writing projects. That new awareness informed my editorial choices in good and bad ways. Unfortunately, some election-related stories I would have covered in previous cycles didn’t get written in 2016, because I was immersed in other topics. On the plus side, those rabbit holes led to work I’m proud to have published.

Assembling this post was more challenging than last year’s version. Several pieces that would have been among my most labor-intensive in another year didn’t make the cut. A couple of posts that might have made the top ten were not ready to go before the holidays. Maybe they will end up in a future collection of seventeen posts I worked hardest on in 2017.

Thanks to One Iowa executive director Donna Red Wing for explaining a little-known problem for transgender Iowans. -promoted by desmoinesdem

Amerigroup, one of Iowa’s private Medicaid providers, agreed last month to cover gender-affirming surgery for Andrew Evans, a transgender Iowa man and client of the American Civil Liberties Union (ACLU).

While we are happy Evans will receive the surgery he needs, we realize that it means only one thing: Evans’ surgery will be covered. The Medicaid provider refused to acknowledge the medical necessity of the surgery, instead agreeing to coverage in order to “amicably resolve” the situation. In plain English, they didn’t want to tangle with the ACLU.

Exclusions for transgender surgery and other trans-related health care continue. Iowa’s Medicaid ban on transition-related surgeries remains.

Iowa’s leading civil rights advocacy groups have joined forces, fighting for changes that would allow thousands of Iowans who have completed felony sentences to “be full members of society and exercise their right to vote.” The seventeen groups in the new Restore Fair Voting Rights in Iowa coalition include the American Civil Liberties Union of Iowa, the Iowa-Nebraska NAACP, and the League of Women Voters of Iowa.

Their efforts are badly needed, because even after two “streamlinings” of the process Governor Terry Branstad established on his first day back in office, an embarrassingly small number of Iowans have regained the right to vote.

A Calhoun County judge has dismissed a short-lived criminal case that never should have been filed. Homer Martz was arrested last week and charged under Iowa’s flag desecration statute, because he “flew a U.S. flag upside down under a Chinese flag.” An upside-down flag is a widely recognized distress signal. Martz was protesting the Dakota Access (Bakken) pipeline, which will run near his Calhoun County home.

Trouble is, U.S. District Court Judge Robert Pratt ruled in December 2014, “Conduct involving the American flag has long been recognized by the United States Supreme Court as expressive communication that falls within the protection of the First Amendment.” Click here for the full opinion in that case, brought by the American Civil Liberties Union of Iowa on behalf of Westboro Baptist Church members who had dragged the flag on the ground while trying to disrupt military funerals.

Word of that court decision didn’t reach law enforcement in Calhoun County. David Pitt reported for the Associated Press on August 15,

Calhoun County Attorney Tina Meth Farrington filed a motion to dismiss the charges Monday, saying that she read the 2014 federal ruling and concluded she shouldn’t pursue the charge.

“The Legislature should take immediate action to repeal this law so that other citizens and law enforcement are not caught in this type of situation again,” she said.

A judge approved the motion Monday afternoon.

Calhoun County Sheriff William Davis said at the time Martz was arrested, he and the two arresting officers were unaware the law had been struck down.

When I was growing up, flag protection laws and constitutional amendments were a salient topic, as Republicans exploited a tiny number of flag-burners on the left in search of a wedge to use against Democrats. In recent years, some conservatives have displayed upside-down flags to protest President Barack Obama or his policies. On a busy corner in Windsor Heights, an upside-down flag flew for several weeks in late 2014, presumably to communicate the homeowner’s view of the president’s executive orders on immigration policy.

We can debate whether an unconventional flag display is an effective tool for political persuasion. But no matter how deeply offensive the message may be to some Americans, there is no legal recourse against those who use or abuse a flag to make their point.

Of all the cultural changes in Iowa since I grew up here during the 1970s and 1980s, few are more striking or more inspiring than the growing acceptance for LGBT people. When I was a teenager at Valley High School in West Des Moines, no kids were “out” in our student body or at any other Iowa high school, as far as I’ve been able to ascertain by talking to peers my age. A few of my Valley classmates came out soon after starting college, but I could never have imagined Iowa high school students openly identifying as LGBT. Now gay-straight alliances are active in at least 80 Iowa high schools. Students from much smaller communities than West Des Moines have not only come out, but become leaders in their communities, forming support groups and raising awareness of anti-LGBT discrimination that remains. Even some Iowans attending Catholic high schools have fought to create safe spaces for LGBT students.

In recent years, several transgender teens have sought not just acceptance but understanding of issues they face in high school, including at my alma mater.

Ben Christiason of Cedar Falls set another milestone by becoming Iowa’s first openly transgender high school athlete. I heard of him for the first time in June, when he was among more than a dozen graduating seniors honored at the Eychaner Foundation‘s Matthew Shepard Scholarship dinner. The American Civil Liberties Union of Iowa awarded its annual Robert Mannheimer Youth Advocacy Award to Christiason because of “his pioneering role in transgender equality.” I enclose that announcement below, along with excerpts from Courtney Crowder’s excellent profile of Christiason, which the Des Moines Register published earlier this month. Crowder’s piece on other transgender children in Iowa is a must-read as well.

The non-profit Iowa Safe Schools is hosting Iowa’s First Annual Trans Educational Conference this November, hoping to enlighten “school administrators, school board members, educators, healthcare providers, youth-serving professionals, and parents” about “the specific needs of trans and gender non-conforming students” in communities of all sizes.

UPDATE: A new national poll of millennials provides the latest evidence that LGBT equality is becoming a consensus issue for the younger generation of Americans. Added the toplines below.

A week ago today, four Iowa Supreme Court justices upheld the lifetime ban on voting for Iowans convicted of all felonies, which are defined as “infamous crimes” under a 1994 state law. Chief Justice Mark Cady’s opinion in Griffin v. Pate and three dissents are available here; Bleeding Heartland posted key excerpts here.

A decision in Kelli Jo Griffin’s favor could have made tens of thousands of Iowans newly eligible to vote in this year’s presidential election. Instead, Iowa will likely retain its place as one of the most restrictive states on felon voting for years.

In theory, those who have completed sentences can apply to have Governor Terry Branstad restore their voting rights. Griffin plans to do so, and I expect Branstad to make a big show of approving her application. In practice, though, that option will be available only to a small minority of those affected by the governor’s January 2011 executive order. During the first five years the new policy was in effect, less than two-tenths of 1 percent of disenfranchised felons managed to regain the right to vote, an average of fewer than 20 people per year.

I am awaiting information from the governor’s office on restoration numbers since the latest “streamlining” of the official form in April, but I don’t expect the number of applicants ever to become more than a trickle. The financial and other barriers will remain too great.

Even if Branstad started receiving substantially more applications and approved them at a rate of 20 per week–unlikely since this work already occupies “meaningful amounts of time every day” for the governor’s staff–only about 1,000 people annually would be able to regain their voting rights. That’s less than 2 percent of the estimated 57,000 Iowans who have been disenfranchised since January 2011. Thousands more join their ranks every year. So much for an “efficient and convenient” restoration process.

Three paths are available to bring Iowa in line with how most states approach voting rights for people with felony convictions.

The Iowa Supreme Court has rejected a lawsuit challenging state policy on disenfranchising all felons. Four justices found “insufficient evidence to overcome the 1994 legislative judgment” defining all felonies as “infamous crimes,” which under our state’s constitution lead to a lifetime ban on the right to vote or run for office. Chief Justice Mark Cady wrote the majority ruling, joined by Justices Bruce Zager, Edward Mansfield, and Thomas Waterman. They affirmed a district court ruling, which held that having committed a felony, Kelli Jo Griffin lost her voting rights under Iowa law.

Justices Brent Appel, Daryl Hecht, and David Wiggins wrote separate dissenting opinions, each joined by the other dissenters. I enclose below excerpts from all the opinions, along with early political reaction to the majority ruling and a statement from Griffin herself.

The American Civil Liberties Union of Iowa filed the lawsuit on behalf of Griffin in November 2014, seven months after an Iowa Supreme Court plurality had stated, “It will be prudent for us to develop a more precise test that distinguishes between felony crimes and infamous crimes” that disqualify Iowans from voting.

Three of the six justices who participated in that 2014 case decided Griffin v. Pate differently. In Chiodo v. Section 43.24 Panel, Cady wrote and Zager joined the plurality opinion, which left open the possibility that not all felonies rise to the level of infamous crimes. Wiggins dissented from the Chiodo plurality, saying the court should not rewrite “nearly one hundred years of caselaw” to “swim into dangerous and uncharted waters.”

All credit to Ryan Koopmans for pointing out in March that given how quickly the court had decided Chiodo, “Having had more than a couple days to think about it, some of the justices could easily change their mind.” The justices were on a compressed schedule in Chiodo because of the need to print ballots in time for the early voting period starting 40 days before the 2014 Democratic primary. Ned Chiodo was challenging the eligibility of Tony Bisignano, a rival candidate in Iowa Senate district 17.

Side note before I get to the key points from today’s decisions: An enormous opportunity was missed when the state legislature did not revise the 1994 law defining infamous crimes between 2007 and 2010, when Democrats controlled the Iowa House and Senate and Chet Culver was governor. The issue did not seem particularly salient then, because Governor Tom Vilsack’s 2005 executive order had created a process for automatically restoring the voting rights of most felons who had completed their sentences.

But Governor Terry Branstad rescinded Vilsack’s order on his first day back in office in January 2011. During the first five years after Branstad’s executive order, fewer than 100 people (two-tenths of 1 percent of those who had been disenfranchised) successfully navigated the process for regaining voting rights. I consider the policy an unofficial poll tax, because getting your rights back requires an investment of time and resources that most ex-felons do not have. Today’s majority decision leaves this policy in effect, with a massively disproportionate impact on racial minorities.

I don’t post job listings here often, but since many Bleeding Heartland readers have substantial public policy experience and are interested in the issues at the core of the American Civil Liberties Union’s work, I wanted to spread the word that the ACLU of Iowa is hiring a policy director. The full job listing is after the jump. The non-profit organization will accept applications through June 26, with the goal of filling the position by August.

The eventual hire will be “responsible for advancing the ACLU’s broad civil liberties agenda before the state legislature, executive branch, and local governmental bodies,” leading policy projects related to “areas including but not limited to voting rights, racial justice, criminal justice reform, immigrant’s rights, free speech, reproductive freedom, women’s rights, LGBT rights and privacy rights.”

In four months of work this year, Iowa lawmakers made no progress on improving water quality or expanding conservation programs, funded K-12 schools and higher education below levels needed to keep up with inflation, failed to increase the minimum wage or address wage theft, let most criminal justice reform proposals die in committee, didn’t approve adequate oversight for the newly-privatized Medicaid program, opted against making medical cannabis more available to sick and suffering Iowans, and left unaddressed several other issues that affect thousands of constituents.

But let the record reflect that bipartisan majorities in the Iowa House and Senate acted decisively to solve a non-existent problem. At a bill-signing ceremony yesterday, Governor Terry Branstad and supporters celebrated preventing something that probably never would have happened.

Last week, Governor Terry Branstad’s office rolled out a new “streamlined application form for those seeking a restoration of their voting rights,” so that “Iowa’s already simple voting rights restoration process will become even more efficient and convenient.”

“Simple,” “efficient,” and “convenient” wouldn’t be my choice of words to describe a process used successfully by less than two-tenths of 1 percent of affected Iowans since Branstad ended the automatic restoration of voting rights for felons five years ago. The governor’s first stab at simplifying the system in December 2012 did not significantly increase the number of Iowans applying to get their rights back. Three years after that change, fewer than 100 individuals out of roughly 57,000 who had completed felony sentences since January 2011 had regained the right to vote.

The new double-plus-streamlined process seems unlikely to produce a large wave of enfranchised Iowans, because it leaves intact major barriers.

The latest announcement looks like an attempt to convince Iowa Supreme Court justices that they need not intervene to give tens of thousands of felons any realistic hope of exercising a fundamental constitutional right again.

Iowa Secretary of State Paul Pate is a defendant in Kelli Jo Griffin’s lawsuit claiming Iowa violates her constitutional rights by disenfranchising all felons. The Iowa Supreme Court heard oral arguments in the case on March 30. Justices are expected to decide by the end of June whether to uphold the current system or declare that Iowa’s constitutional provision on “infamous crimes” should not apply to all felonies.

Defendants typically refrain from commenting on pending litigation, but during the past three weeks, Pate has carried out an extraordinary public effort to discredit the plaintiffs in the voting rights case. In his official capacity, he has addressed a large radio audience and authored an op-ed column run by many Iowa newspapers.

Pate amped up his attack on “the other side” in speeches at three of the four Iowa GOP district conventions on April 9. After misrepresenting the goals of Griffin’s allies and distorting how a ruling for the plaintiff could alter Iowa’s electorate, the secretary of state asked hundreds of Republican activists for their help in fighting against those consequences.

At a minimum, the secretary of state has used this lawsuit to boost his own standing. Even worse, his words could be aimed at intimidating the “unelected judges” who have yet to rule on the case. Regardless of Pate’s motives, his efforts to politicize a pending Supreme Court decision are disturbing.