House Study Bill 242 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act relating to sex and gender, including those and related 1 terms for purposes of statutory construction, indications 2 of a persons sex on certain vital records, gender identity 3 under the Iowa civil rights Act, and school curricula 4 related to gender theory. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2312YC (7) 91 cm/jh
H.F. _____ Section 1. NEW SECTION . 4.1A Statutory construction sex 1 and related terms. 2 1. In the construction of statutes, the following rules 3 shall be observed with regard to a persons biological sex: 4 a. Sex , when used to classify or describe a natural 5 person, means the state of being either male or female as 6 observed or clinically verified at birth. 7 b. When used in reference to a natural person, a female 8 means an individual who has, had, will have through the course 9 of normal development, or would have but for a developmental 10 anomaly, genetic anomaly, or accident, a reproductive system 11 that at some point produces ova, and a male means an 12 individual who has, had, will have through the course of normal 13 development, or would have but for a developmental anomaly, 14 genetic anomaly, or accident, a reproductive system that at 15 some point produces sperm. 16 c. The term woman or girl refers to a female and the 17 term man or boy refers to a male. 18 d. The term mother means a parent who is female and the 19 term father means a parent who is male. 20 e. Gender , when used alone in reference to males, females, 21 or the natural differences between males and females shall 22 be considered a synonym for sex and shall not be considered 23 a synonym or shorthand expression for gender identity, 24 experienced gender, gender expression, or gender role. 25 f. The term equal does not mean same or identical . 26 g. Separate accommodations are not inherently unequal. 27 h. A person born with a medically verifiable diagnosis of 28 disorder or difference of sex development shall be provided the 29 legal protections and accommodations afforded under the federal 30 Americans with Disabilities Act of 1990 and applicable state 31 law. 32 2. Any state law, policy, or program that prohibits 33 discrimination on the basis of sex shall be construed to forbid 34 unfair treatment of females or males in relation to similarly 35 -1- LSB 2312YC (7) 91 cm/jh 1/ 17
H.F. _____ situated members of the opposite sex. 1 3. Notwithstanding any provision of state law to the 2 contrary, distinctions based on sex, including but not limited 3 to in prisons or other detention facilities, domestic violence 4 shelters, rape crisis centers, locker rooms, restrooms, and in 5 other contexts where health, safety, or privacy are implicated 6 resulting in separate accommodations, are substantially related 7 to the important government objectives of protecting the 8 health, safety, and privacy of the persons in these contexts. 9 4. Any state department or subunit of a department, or any 10 political subdivision of the state including a city, county, 11 township, or school district that collects vital statistics for 12 the purpose of complying with state antidiscrimination laws, 13 or for the purpose of gathering accurate state public health, 14 crime, economic, or other data, shall identify the sex of each 15 person included in the collected data as either male or female. 16 5. For the purposes of this section, state law includes 17 any state statute or rule. 18 Sec. 2. Section 84A.6, subsection 4, paragraph a, Code 2025, 19 is amended to read as follows: 20 a. The department of workforce development, in consultation 21 with the department of education, shall establish a system that 22 allows the department of education, school districts, charter 23 schools, area education agencies, and accredited nonpublic 24 schools to post job openings on an internet site. The system 25 must include a mechanism for the electronic submission of job 26 openings for posting on the internet site. The system and 27 each job posting on the internet site must include a statement 28 that an employer submitting a job opening for posting on the 29 internet site will not discriminate in hiring on the basis 30 of race, ethnicity, national origin, gender, age, physical 31 disability, sexual orientation, gender identity, religion, 32 marital status, or status as a veteran. 33 Sec. 3. Section 144.13, Code 2025, is amended by adding the 34 following new subsection: 35 -2- LSB 2312YC (7) 91 cm/jh 2/ 17
H.F. _____ NEW SUBSECTION . 5. A certificate of birth filed under this 1 section shall include a designation of the sex of the person. 2 Sex for purposes of this chapter means the same as defined in 3 section 4.1A. If the sex of the child cannot be determined at 4 birth, the time period for filing a certificate of birth shall 5 be extended for a period of no more than six months to allow the 6 parents to obtain any diagnosis or testing from a health care 7 provider as defined in section 144.29A, subsection 7, paragraph 8 a , that is necessary to determine the childs sex. 9 Sec. 4. Section 144.23, Code 2025, is amended to read as 10 follows: 11 144.23 State registrar to issue establish new certificate of 12 birth . 13 1. The state registrar shall establish a new certificate of 14 birth for a person born in this state, when the state registrar 15 receives the following: 16 1. a. An adoption report as provided in section 144.19 , or 17 a certified copy of the decree of adoption together with the 18 information necessary to identify the original certificate of 19 birth and to establish a new certificate of birth. 20 2. b. A request that a new certificate be established and 21 evidence proving that the person for whom the new certificate 22 is requested has been legitimated, or that a court of competent 23 jurisdiction has determined the paternity of the person. 24 3. A notarized affidavit by a licensed physician and surgeon 25 or osteopathic physician and surgeon stating that by reason of 26 surgery or other treatment by the licensee, the sex designation 27 of the person has been changed. The state registrar may make a 28 further investigation or require further information necessary 29 to determine whether a sex change has occurred. 30 2. Pursuant to section 4.1A, a new certificate of birth 31 established under subsection 1 shall include a designation of 32 sex of the person at birth. 33 Sec. 5. Section 144.24, subsections 1 and 2, Code 2025, are 34 amended to read as follows: 35 -3- LSB 2312YC (7) 91 cm/jh 3/ 17
H.F. _____ 1. If a new certificate of birth is established, the actual 1 place and date of birth shall be shown on the certificate and 2 shall include a designation of the persons sex pursuant to 3 section 144.23 . The certificate shall be substituted for the 4 original certificate of birth. 5 2. Following substitution of the original certificate of 6 birth with a new certificate of birth, the original certificate 7 and the evidence of adoption, paternity, or legitimation , or 8 sex change shall not be subject to inspection except under 9 order of a court of competent jurisdiction, including but 10 not limited to an order issued pursuant to section 261I.2 11 or 600.16A, as provided in section 144.23A or 144.24A , 12 or as provided by administrative rule for statistical or 13 administrative purposes only. 14 Sec. 6. Section 144.31B, subsection 5, paragraph b, 15 subparagraph (2), Code 2025, is amended to read as follows: 16 (2) The name and gender sex , if known. If the name is not 17 furnished by the patient, the department shall complete the 18 certificate with the name baby boy or baby girl and the 19 last name of the patient. If the gender sex is unknown, the 20 department shall complete the certificate with the name baby 21 and the last name of the patient. 22 Sec. 7. Section 216.2, subsection 12, Code 2025, is amended 23 by striking the subsection. 24 Sec. 8. Section 216.6, subsection 1, paragraphs a, b, and c, 25 Code 2025, are amended to read as follows: 26 a. Person to refuse to hire, accept, register, classify, 27 or refer for employment, to discharge any employee, or to 28 otherwise discriminate in employment against any applicant 29 for employment or any employee because of the age, race, 30 creed, color, sex, sexual orientation, gender identity, 31 national origin, religion, or disability of such applicant or 32 employee, unless based upon the nature of the occupation. If a 33 person with a disability is qualified to perform a particular 34 occupation, by reason of training or experience, the nature 35 -4- LSB 2312YC (7) 91 cm/jh 4/ 17
H.F. _____ of that occupation shall not be the basis for exception to 1 the unfair or discriminatory practices prohibited by this 2 subsection . 3 b. Labor organization or the employees, agents, or members 4 thereof to refuse to admit to membership any applicant, to 5 expel any member, or to otherwise discriminate against any 6 applicant for membership or any member in the privileges, 7 rights, or benefits of such membership because of the age, 8 race, creed, color, sex, sexual orientation, gender identity, 9 national origin, religion, or disability of such applicant or 10 member. 11 c. Employer, employment agency, labor organization, or the 12 employees, agents, or members thereof to directly or indirectly 13 advertise or in any other manner indicate or publicize that 14 individuals of any particular age, race, creed, color, sex, 15 sexual orientation, gender identity, national origin, religion, 16 or disability are unwelcome, objectionable, not acceptable, or 17 not solicited for employment or membership unless based on the 18 nature of the occupation. 19 (1) If a person with a disability is qualified to perform a 20 particular occupation by reason of training or experience, the 21 nature of that occupation shall not be the basis for exception 22 to the unfair or discriminatory practices prohibited by this 23 subsection . 24 (2) An employer, employment agency, or their employees, 25 servants, or agents may offer employment or advertise for 26 employment to only persons with disabilities, when other 27 applicants have available to them other employment compatible 28 with their ability which would not be available to persons 29 with disabilities because of their disabilities. Any such 30 employment or offer of employment shall not discriminate among 31 persons with disabilities on the basis of race, color, creed, 32 sex, sexual orientation, gender identity, or national origin. 33 Sec. 9. Section 216.6, subsection 6, paragraph d, Code 2025, 34 is amended to read as follows: 35 -5- LSB 2312YC (7) 91 cm/jh 5/ 17
H.F. _____ d. Any bona fide religious institution or its educational 1 facility, association, corporation, or society with respect 2 to any qualifications for employment based on religion , or 3 sexual orientation , or gender identity when such qualifications 4 are related to a bona fide religious purpose. A religious 5 qualification for instructional personnel or an administrative 6 officer, serving in a supervisory capacity of a bona fide 7 religious educational facility or religious institution, shall 8 be presumed to be a bona fide occupational qualification. 9 Sec. 10. Section 216.6A, subsection 1, paragraph a, 10 unnumbered paragraph 1, Code 2025, is amended to read as 11 follows: 12 The general assembly finds that the practice of 13 discriminating against any employee because of the age, 14 race, creed, color, sex, sexual orientation, gender identity, 15 national origin, religion, or disability of such employee by 16 paying wages to such employee at a rate less than the rate paid 17 to other employees does all of the following: 18 Sec. 11. Section 216.6A, subsection 1, paragraph b, Code 19 2025, is amended to read as follows: 20 b. The general assembly declares that it is the policy 21 of this state to correct and, as rapidly as possible, to 22 eliminate, discriminatory wage practices based on age, race, 23 creed, color, sex, sexual orientation, gender identity, 24 national origin, religion, and disability. 25 Sec. 12. Section 216.6A, subsection 2, paragraph a, Code 26 2025, is amended to read as follows: 27 a. It shall be an unfair or discriminatory practice for any 28 employer or agent of any employer to discriminate against any 29 employee because of the age, race, creed, color, sex, sexual 30 orientation, gender identity, national origin, religion, or 31 disability of such employee by paying wages to such employee 32 at a rate less than the rate paid to other employees who are 33 employed within the same establishment for equal work on jobs, 34 the performance of which requires equal skill, effort, and 35 -6- LSB 2312YC (7) 91 cm/jh 6/ 17
H.F. _____ responsibility, and which are performed under similar working 1 conditions. An employer or agent of an employer who is paying 2 wages to an employee at a rate less than the rate paid to other 3 employees in violation of this section shall not remedy the 4 violation by reducing the wage rate of any employee. 5 Sec. 13. Section 216.6A, subsection 3, paragraph d, Code 6 2025, is amended to read as follows: 7 d. Pay differential is based on any other factor other than 8 the age, race, creed, color, sex, sexual orientation, gender 9 identity, national origin, religion, or disability of such 10 employee. 11 Sec. 14. Section 216.7, subsection 1, paragraphs a and b, 12 Code 2025, are amended to read as follows: 13 a. To refuse or deny to any person because of race, 14 creed, color, sex, sexual orientation, gender identity, 15 national origin, religion, or disability the accommodations, 16 advantages, facilities, services, or privileges thereof, 17 or otherwise to discriminate against any person because of 18 race, creed, color, sex, sexual orientation, gender identity, 19 national origin, religion, or disability in the furnishing 20 of such accommodations, advantages, facilities, services, or 21 privileges. 22 b. To directly or indirectly advertise or in any other 23 manner indicate or publicize that the patronage of persons of 24 any particular race, creed, color, sex, sexual orientation, 25 gender identity, national origin, religion, or disability is 26 unwelcome, objectionable, not acceptable, or not solicited. 27 Sec. 15. Section 216.7, subsection 2, paragraph a, Code 28 2025, is amended to read as follows: 29 a. Any bona fide religious institution with respect to any 30 qualifications the institution may impose based on religion , or 31 sexual orientation , or gender identity when such qualifications 32 are related to a bona fide religious purpose. 33 Sec. 16. Section 216.8, subsection 1, paragraphs a, b, c, 34 and d, Code 2025, are amended to read as follows: 35 -7- LSB 2312YC (7) 91 cm/jh 7/ 17
H.F. _____ a. To refuse to sell, rent, lease, assign, sublease, refuse 1 to negotiate, or to otherwise make unavailable, or deny any 2 real property or housing accommodation or part, portion, or 3 interest therein, to any person because of the race, color, 4 creed, sex, sexual orientation, gender identity, religion, 5 national origin, disability, or familial status of such person. 6 b. To discriminate against any person because of the 7 persons race, color, creed, sex, sexual orientation, gender 8 identity, religion, national origin, disability, or familial 9 status, in the terms, conditions, or privileges of the sale, 10 rental, lease assignment, or sublease of any real property or 11 housing accommodation or any part, portion, or interest in the 12 real property or housing accommodation or in the provision of 13 services or facilities in connection with the real property or 14 housing accommodation. 15 c. To directly or indirectly advertise, or in any other 16 manner indicate or publicize that the purchase, rental, 17 lease, assignment, or sublease of any real property or housing 18 accommodation or any part, portion, or interest therein, by 19 persons of any particular race, color, creed, sex, sexual 20 orientation, gender identity, religion, national origin, 21 disability, or familial status is unwelcome, objectionable, not 22 acceptable, or not solicited. 23 d. To discriminate against the lessee or purchaser of any 24 real property or housing accommodation or part, portion, or 25 interest of the real property or housing accommodation, or 26 against any prospective lessee or purchaser of the property or 27 accommodation, because of the race, color, creed, religion, 28 sex, sexual orientation, gender identity, disability, age, or 29 national origin of persons who may from time to time be present 30 in or on the lessees or owners premises for lawful purposes 31 at the invitation of the lessee or owner as friends, guests, 32 visitors, relatives, or in any similar capacity. 33 Sec. 17. Section 216.8A, subsections 1, 2, and 5, Code 2025, 34 are amended to read as follows: 35 -8- LSB 2312YC (7) 91 cm/jh 8/ 17
H.F. _____ 1. A person shall not induce or attempt to induce another 1 person to sell or rent a dwelling by representations regarding 2 the entry or prospective entry into a neighborhood of a person 3 of a particular race, color, creed, sex, sexual orientation, 4 gender identity, religion, national origin, disability, or 5 familial status. 6 2. A person shall not represent to a person of a particular 7 race, color, creed, sex, sexual orientation, gender identity, 8 religion, national origin, disability, or familial status that 9 a dwelling is not available for inspection, sale, or rental 10 when the dwelling is available for inspection, sale, or rental. 11 5. A person shall not deny another person access to, 12 or membership or participation in, a multiple-listing 13 service, real estate brokers organization or other service, 14 organization, or facility relating to the business of selling 15 or renting dwellings, or discriminate against a person in 16 terms or conditions of access, membership, or participation in 17 such organization because of race, color, creed, sex, sexual 18 orientation, gender identity, religion, national origin, 19 disability, or familial status. 20 Sec. 18. Section 216.8A, subsection 4, paragraph a, Code 21 2025, is amended to read as follows: 22 a. A person whose business includes engaging in residential 23 real estate related transactions shall not discriminate 24 against a person in making a residential real estate 25 related transaction available or in terms or conditions of 26 a residential real estate related transaction because of 27 race, color, creed, sex, sexual orientation, gender identity, 28 religion, national origin, disability, or familial status. 29 Sec. 19. Section 216.9, subsection 1, unnumbered paragraph 30 1, Code 2025, is amended to read as follows: 31 It is an unfair or discriminatory practice for any 32 educational institution to discriminate on the basis of 33 race, creed, color, sex, sexual orientation, gender identity, 34 national origin, religion, or disability in any program or 35 -9- LSB 2312YC (7) 91 cm/jh 9/ 17
H.F. _____ activity. Such discriminatory practices shall include but not 1 be limited to the following practices: 2 Sec. 20. Section 216.9, subsection 2, Code 2025, is amended 3 to read as follows: 4 2. For the purpose of this section , educational 5 institution includes any preschool, elementary or secondary 6 school, community college, area education agency, or 7 postsecondary college or university and their governing boards. 8 This section does not prohibit an educational institution 9 from maintaining separate toilet facilities, locker rooms, or 10 living facilities for the different sexes so long as comparable 11 facilities are provided. Nothing in this section shall be 12 construed as prohibiting any bona fide religious institution 13 from imposing qualifications based on religion , or sexual 14 orientation , or gender identity when such qualifications are 15 related to a bona fide religious purpose or any institution 16 from admitting students of only one sex. 17 Sec. 21. Section 216.10, subsection 1, paragraphs a, b, and 18 c, Code 2025, are amended to read as follows: 19 a. Creditor to refuse to enter into a consumer credit 20 transaction or impose finance charges or other terms or 21 conditions more onerous than those regularly extended by that 22 creditor to consumers of similar economic backgrounds because 23 of age, color, creed, national origin, race, religion, marital 24 status, sex, sexual orientation, gender identity, physical 25 disability, or familial status. 26 b. Person authorized or licensed to do business in this 27 state pursuant to chapter 524 , 533 , 536 , or 536A to refuse 28 to loan or extend credit or to impose terms or conditions 29 more onerous than those regularly extended to persons of 30 similar economic backgrounds because of age, color, creed, 31 national origin, race, religion, marital status, sex, sexual 32 orientation, gender identity, physical disability, or familial 33 status. 34 c. Creditor to refuse to offer credit life or health and 35 -10- LSB 2312YC (7) 91 cm/jh 10/ 17
H.F. _____ accident insurance because of color, creed, national origin, 1 race, religion, marital status, age, physical disability, 2 sex, sexual orientation, gender identity, or familial status. 3 Refusal by a creditor to offer credit life or health and 4 accident insurance based upon the age or physical disability of 5 the consumer shall not be an unfair or discriminatory practice 6 if such denial is based solely upon bona fide underwriting 7 considerations not prohibited by Title XIII, subtitle 1 . 8 Sec. 22. Section 216.12, subsection 1, paragraph a, Code 9 2025, is amended to read as follows: 10 a. Any bona fide religious institution with respect to 11 any qualifications it may impose based on religion , or sexual 12 orientation , or gender identity, when the qualifications are 13 related to a bona fide religious purpose , unless the religious 14 institution owns or operates property for a commercial purpose 15 or membership in the religion is restricted on account of race, 16 color, or national origin. 17 Sec. 23. Section 216.12A, Code 2025, is amended to read as 18 follows: 19 216.12A Additional housing exception. 20 Sections 216.8 and 216.8A do not prohibit a person engaged 21 in the business of furnishing appraisals of real estate from 22 taking into consideration factors other than race, color, 23 creed, sex, sexual orientation, gender identity, religion, 24 national origin, disability, or familial status in appraising 25 real estate. 26 Sec. 24. Section 256E.7, subsection 2, paragraphs a and p, 27 Code 2025, are amended to read as follows: 28 a. Meet all applicable federal, state, and local health and 29 safety requirements and laws prohibiting discrimination on the 30 basis of race, creed, color, sex, sexual orientation, gender 31 identity, national origin, religion, ancestry, or disability. 32 If approved under section 256E.4 , the charter school shall be 33 subject to any court-ordered desegregation in effect for the 34 school district at the time the charter school application is 35 -11- LSB 2312YC (7) 91 cm/jh 11/ 17
H.F. _____ approved, unless otherwise specifically provided for in the 1 desegregation order. 2 p. Be subject to and comply with the requirements of section 3 279.80 relating to sexual orientation and gender identity 4 theory instruction in kindergarten through grade six in the 5 same manner as a school district. 6 Sec. 25. Section 256F.4, subsection 2, paragraphs a and n, 7 Code 2025, are amended to read as follows: 8 a. Meet all applicable federal, state, and local health and 9 safety requirements and laws prohibiting discrimination on the 10 basis of race, creed, color, sex, sexual orientation, gender 11 identity, national origin, religion, ancestry, or disability. 12 A charter school or innovation zone school located within 13 the boundaries of a school district subject to court-ordered 14 desegregation at the time the charter school or innovation 15 zone school application is approved shall be subject to the 16 desegregation order unless otherwise specifically provided for 17 in the desegregation order. 18 n. Be subject to and comply with the requirements of section 19 279.80 relating to sexual orientation and gender identity 20 theory instruction in kindergarten through grade six in the 21 same manner as a school district. 22 Sec. 26. Section 261I.1, subsection 3, Code 2025, is amended 23 to read as follows: 24 3. Sex means a persons biological sex as either female or 25 male the same as defined in section 4.1A . The sex listed on a 26 students official birth certificate or certificate issued upon 27 adoption may be relied upon shall be considered presumptively 28 correct if the certificate was issued at or near the time of 29 the students birth. 30 Sec. 27. Section 279.78, subsection 1, paragraph a, Code 31 2025, is amended to read as follows: 32 a. Gender identity means the same as defined in section 33 216.2 an individuals subjective identification as male, 34 female, or neither male nor female . Gender identity shall not 35 -12- LSB 2312YC (7) 91 cm/jh 12/ 17
H.F. _____ be considered a synonym or substitute for sex or gender. 1 Sec. 28. Section 279.80, Code 2025, is amended to read as 2 follows: 3 279.80 Sexual orientation and gender identity theory 4 prohibited instruction. 5 1. As used in this section : 6 a. Gender identity Gender theory means the same as 7 defined in section 216.2 concept that an individual may 8 properly be described in terms of an internal sense of gender 9 that is incongruent with the individuals sex as either 10 male or female . Gender theory includes the concept that 11 an individual who experiences distress or discomfort with 12 the individuals sex should identify as and live consistent 13 with the individuals internal sense of gender, and that 14 an individual can delay natural puberty and develop sex 15 characteristics of the opposite sex through the use of puberty 16 blockers, cross-sex hormones, and surgical procedures. 17 b. Sexual orientation means the same as defined in section 18 216.2 . 19 2. A school district shall not provide any program, 20 curriculum, test, survey, questionnaire, promotion, or 21 instruction relating to gender identity theory or sexual 22 orientation to students in kindergarten through grade six. 23 Sec. 29. Section 280.33, subsection 1, paragraph c, Code 24 2025, is amended to read as follows: 25 c. Sex means a persons biological sex as female or male, 26 as the same as defined in section 4.1A. The sex listed on 27 a persons official birth certificate or certificate issued 28 upon adoption shall be considered presumptively correct if the 29 certificate was issued at or near the time of the persons 30 birth. 31 Sec. 30. SEVERABILITY. If any provision of this Act is 32 held invalid, the invalidity shall not affect other provisions 33 or applications of this Act which can be given effect without 34 the invalid provision or application, and to this end the 35 -13- LSB 2312YC (7) 91 cm/jh 13/ 17
H.F. _____ provisions of this Act are severable as provided in section 1 4.12. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanations substance by the members of the general assembly. 5 This bill relates to sex and gender, including those 6 and related terms for purposes of statutory construction, 7 indications of a persons sex on certain vital records, gender 8 identity under the Iowa civil rights Act, and school curricula 9 related to gender theory. 10 The bill creates a new Code section 4.1A (statutory 11 construction sex and related terms). The bill provides 12 that certain rules of statutory construction shall be observed 13 with regard to a persons sex. These rules with regard to a 14 persons sex include: 15 1. The term sex, when used to classify or describe a 16 natural person, means the state of being either male or female 17 as observed or clinically verified at birth. 18 2. When used in reference to a natural person, the term 19 female means an individual who has, had, will have through 20 the course of normal development, or would have but for 21 a developmental anomaly, genetic anomaly, or accident, a 22 reproductive system that at some point produces ova, and 23 the term male means an individual who has, had, will have 24 through the course of normal development, or would have but 25 for a developmental anomaly, genetic anomaly, or accident a 26 reproductive system that at some point produces sperm. 27 3. The term woman or girl refers to a female and the 28 term man or boy refers to a male. 29 4. The term mother means a parent who is female and the 30 term father means a parent who is male. 31 5. The term gender, when used alone in reference to 32 males, females, or the natural differences between males and 33 females shall be considered a synonym for sex and shall not 34 be considered a synonym or shorthand expression for gender 35 -14- LSB 2312YC (7) 91 cm/jh 14/ 17
H.F. _____ identity, experienced gender, gender expression, or gender 1 role. 2 6. The term equal does not mean same or identical. 3 7. Separate accommodations are not inherently unequal. 4 8. A person born with a medically verifiable diagnosis of 5 disorder or difference of sex development shall be provided the 6 legal protections and accommodations afforded under the federal 7 Americans with Disabilities Act of 1990 and applicable state 8 law. 9 Additionally, under the bill, any state law, policy, or 10 program that prohibits discrimination on the basis of sex shall 11 be construed to forbid unfair treatment of females or males in 12 relation to similarly situated members of the opposite sex. 13 Notwithstanding any provision of state law to the contrary, 14 distinctions based on sex in various contexts where health, 15 safety, or privacy are implicated resulting in separate 16 accommodations, are substantially related to the important 17 government objectives of protecting the health, safety, and 18 privacy of the persons in these contexts. In addition, any 19 state department or subunit of a department, or any political 20 subdivision of the state including a city, county, township, 21 or school district that collects vital statistics for the 22 purpose of complying with state antidiscrimination laws or for 23 the purpose of gathering accurate state public health, crime, 24 economic, or other data, shall identify the sex of each person 25 included in the collected data as either male or female. 26 The bill defines state law for the purposes of new Code 27 section 4.1A. 28 The bill also amends provisions under Code chapter 144 29 (vital statistics). The bill requires that an original 30 certificate of birth shall include a designation of the sex of 31 the person as defined in new Code section 4.1A. With regard 32 to a new certificate of birth, if a new certificate of birth 33 is established after the state registrar receives an adoption 34 report or a certified copy of an adoption decree or following 35 -15- LSB 2312YC (7) 91 cm/jh 15/ 17
H.F. _____ a determination of paternity, the new certificate of birth 1 shall include a designation of sex of the person at birth; 2 and if a new certificate of birth is established after the 3 state registrar receives a notarized affidavit by a licensed 4 physician and surgeon or osteopathic physician and surgeon 5 stating that by reason of surgery or other treatment by the 6 licensee, the sex designation of the person has been changed, 7 the new certificate of birth shall include a designation of the 8 sex of the person both at the time of birth and at the time of 9 establishment of the new certificate of birth. 10 Under current law, Code chapter 216 prohibits discrimination 11 in employment, wages, public accommodations, housing, 12 education, and credit practices based upon certain 13 characteristics of a person, including gender identity. 14 A person who claims to be aggrieved by an unfair or 15 discriminatory practice prohibited by Code chapter 216 may 16 file a complaint with the Iowa civil rights commission. Code 17 chapter 216 provides various remedies for such practices. Code 18 chapter 216 defines gender identity as the gender-related 19 identity of a person, regardless of the persons assigned sex 20 at birth. 21 For purposes of Code chapter 216, the bill removes 22 gender identity as a protected class. The bill also removes 23 gender identity as a protected class in the prohibition of 24 discrimination under federal, state, and local law for charter 25 schools and innovation schools. 26 Under current Code section 279.80, school districts, 27 accredited nonpublic schools, charter schools, and innovation 28 zone schools are prohibited from providing instruction related 29 to gender identity and sexual orientation to students in 30 kindergarten through grade six. The bill replaces the term 31 gender identity with the term gender theory and defines 32 gender theory. 33 The bill makes conforming changes related to the strike of 34 the definition of gender identity in the Code. 35 -16- LSB 2312YC (7) 91 cm/jh 16/ 17
H.F. _____ The bill provides that its provisions are severable pursuant 1 to Code section 4.12. 2 -17- LSB 2312YC (7) 91 cm/jh 17/ 17