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Senate File 418
2025 Iowa bill From Wikipedia, the free encyclopedia
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Senate File 418 (SF 418), with the long title called A bill for an act relating to sex and gender, including those and related terms for purposes of statutory construction, indications of a person’s sex on certain vital records, gender identity under the Iowa civil rights Act, and school curricula related to gender theory, is a 2025 anti-trans bill passed by the Iowa Legislature that removes gender identity as a protected class from the Iowa Civil Rights Act, thereby eliminating legal protections against discrimination based on gender identity in employment (with a religious exemption for bona fide religious institutions and their affiliates), housing, education, credit, and public accommodations. These protections were initially established on July 1, 2007, and are set to be rescinded effective July 1, 2025, after 18 years in effect. From September 14, 1999, to March 28, 2001, Executive Order No. 7, issued by Governor Tom Vilsack, prohibited discrimination based on gender identity and sexual orientation in hiring and employment for state employees.[1][2] The bill also defines sex in state law as "a person's biological sex as either female or male," based on reproductive anatomy.[3]
Additionally, the bill repeals provisions that previously allowed individuals to change the sex designation on their birth certificate based solely on transition-related medical treatment. While individuals may still request a new birth certificate with an updated legal sex designation, the amended certificate must also include the individual's sex as observed or clinically verified at birth, with the sex listed on a birth certificate issued at or near the time of birth considered presumptively correct.[3] These provisions allowing individuals to change the sex designation on their birth certificate were initially established on July 1, 1972, and are set to be rescinded effective July 1, 2025, after 52 years, 11 months, 4 weeks and 1 day in effect.[4]
The bill also prohibits instruction on "gender identity theory" or "gender theory" in kindergarten through sixth grade, including restrictions on discussions about puberty blockers and social transition. The bill was signed into law by Governor Kim Reynolds on February 28, 2025, and is scheduled to take effect on July 1, 2025. Iowa became the first state in the United States (U.S.) to statutorily repeal a protected class category from a state civil rights law and the first to repeal gender identity from a state civil rights law.[3]
U.S. federal laws continue to prohibit discrimination based on gender identity as interpreted by federal agencies and courts in employment, housing, education, and credit practices, but these may be more limited in scope and enforcement compared to the broader protections previously available under Iowa's civil rights statute.[5][6][7][8] Gender identity discrimination is prohibited in public accommodations tied to federal funding or programs such as educational institutions (Title IX), healthcare facilities (Section 1557 of the ACA), federally funded shelters (VAWA), federal buildings and services (14th Amendment), airlines (DOT regulations), and certain public transit systems receiving federal funds. However, Title II of the Civil Rights Act of 1964 and Title III of the Americans with Disabilities Act do not prohibit discrimination based on gender identity or sex, meaning that such discrimination will be legally permitted in public accommodations for private businesses such as restaurants, retail stores, hotels, movie theaters, and amusement parks, under state law beginning July 1, 2025.[9][10]
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History
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On July 20, 1983, the Iowa Supreme Court ruled in the case of Sommers v. Iowa Civil Rights Commission that the term sex in the Iowa Civil Rights Act referred to biological differences between males and females and did not include transsexualism.[11] In 1996, the University of Iowa became the first university in the United States (U.S.) to add gender identity to its nondiscrimination policy.[12] On September 14, 1999, Governor Tom Vilsack signed Executive Order No. 7, which prohibited discrimination based on sexual orientation and gender identity in the hiring and employment practices of the state's executive branch agencies.[1] This made the third Iowa state, after Minnesota and New Jersey, to prohibit discrimination based on gender identity in the hiring and employment practices for state employees.
However, on March 28, 2001, Vilsack rescinded the order by issuing Executive Order No. 18.[2] While the new order reiterated the state's commitment to equal employment opportunity "to the fullest extent permitted by law," it omitted the categories of sexual orientation and gender identity. According to legal analyses, this may have been due to concerns that Executive Order No. 7 exceeded the governor’s authority or conflicted with Iowa Code Chapter 216, which at the time did not include either category.[13]
On July 1, 2007, the Iowa Civil Rights Act was amended to include gender identity and sexual orientation as protected classes, prohibiting discrimination in employment, housing, education, credit practices, and public accommodations.[14] On March 8, 2019, the Iowa Supreme Court ruled in Good v. Iowa Department of Human Services that the state's Medicaid program could not categorically deny coverage for gender-affirming surgeries, as such exclusions violated the Iowa Civil Rights Act.[15]
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In response, on April 26, 2019, the Iowa Legislature passed House File (HF) 766, which amended the Iowa Civil Rights Act specifying that government agencies are not required to provide funding for sex reassignment surgeries. Governor Kim Reynolds signed this amendment into law on May 3, 2019, and it took effect immediately.[16] On November 19, 2021, Polk County District Court Judge William P. Kelly ruled in the case of Vasquez v. Iowa Department of Human Services that the 2019 law violated both the Iowa Constitution’s equal protection clause and the Iowa Civil Rights Act, ordering the state to resume Medicaid coverage for gender-affirming surgeries.[17] On March 3, 2022, Iowa enacted HF 2416, banning transgender girls and women from participating in female sports teams at schools and colleges, defining eligibility based on sex assigned at birth. The law took effect immediately on that date.[18]
On June 17, 2022, the Iowa Supreme Court, in a 6–1 decision in the case of Vroegh v. Iowa Department of Corrections, reaffirmed the precedent established in Sommers, stating that sex refers to biological distinctions, whereas gender identity is a separate and distinct category under the Iowa Civil Rights Act.[19] On March 22, 2023, the Iowa Legislature enacted Senate File (SF) 538, prohibiting gender-affirming healthcare for minors, including puberty blockers and hormone therapy. The law took effect immediately, with a 180-day compliance period for those already receiving care beginning on September 18, 2023.[20] On the same day, the Iowa Legislature also enacted SF 482, commonly referred to as the "bathroom bill," requiring individuals in elementary and secondary schools to use restrooms and changing areas that correspond with their sex assigned at birth. The law took effect immediately.[21]
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On May 12, 2023, the Iowa Supreme Court dismissed the state's appeal in the case of Vasquez, leaving the lower court’s ruling in place.[22] On May 26, 2023, the Iowa Legislature enacted SF 496, restricting instruction on sexual orientation and gender identity in schools from kindergarten through sixth grade. The law took effect immediately.[23]
Legislative rationale
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Supporters of Senate File (SF) 418 cited several reasons for the legislation, which removed gender identity as a protected class from the Iowa Civil Rights Act. Governor Kim Reynolds stated that the bill "safeguards the rights of women and girls" by recognizing "the obvious biological differences between men and women." She argued that acknowledging these differences was essential to maintaining fairness and privacy, particularly in restrooms and athletic competitions.[24]
Iowa House Representative Steven Holt claimed that the inclusion of gender identity protections elevated the rights of transgender individuals over those of cisgender women and girls. He argued that this dynamic created legal and societal imbalances, and that removing the protections would restore equality and prevent what he described as infringements on women’s rights.[25] Religious advocacy groups and constituents expressed that gender identity protections contradicted their beliefs and created legal liabilities, including lawsuits against businesses and conflicts involving religious freedom. These groups supported the bill as a means to realign the civil rights code with their values.[26]
Jason Schultz’s statements
During debate on Senate File 418 in February 2025, State Senator Jason Schultz (R-Schleswig) asserted that "Iowa finds itself in a peculiar spot," stating, "We are the only state to have the words ‘gender identity’ in code alongside legal protections for women’s bathrooms, sports and for children from mutilation and attempts to protect taxpayers."[27] However, Utah has codified gender identity as a protected class in employment and housing, but has also enacted laws that restrict transgender rights.[28][29][30][31]
Legislative history
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Senate File 418 (SF 418) was introduced in the Iowa Senate on February 24, 2025, by Senator Jason Schultz. On February 25, 2025, the Senate Judiciary Subcommittee approved the bill. The following day, February 26, the full Senate Judiciary Committee passed SF 418 with a vote of 14 yeas to 6 nays.[3]
On February 27, 2025, the Iowa Senate considered three proposed amendments—S-3011, S-3012, and S-3013—each aiming to preserve specific civil rights protections for transgender individuals. Amendment S-3011 focused on retaining protections in employment, housing, and credit; Amendment S-3012 aimed to preserve gender identity protections in public accommodations; and Amendment S-3013 sought to maintain gender identity protections in education.[3]
All three amendments were rejected, with each vote resulting in 15 in favor and 33 against, and the Iowa Senate subsequently debated and passed the bill with a vote of 33 yeas to 15 nays. During the debate, Democratic senators were allotted limited time to voice their opposition, leading to concerns about the adequacy of the deliberation process. That same day, the Iowa House of Representatives passed the bill with a vote of 60 yeas to 36 nays.[3]
Opponents in the House also faced constrained debate time, prompting criticism from Democratic lawmakers who felt the expedited process curtailed thorough discussion.[26] Also on February 27, 2025, United States President Donald Trump endorsed SF 418, urging Republicans to pass the bill "as fast as possible".[32]Governor Kim Reynolds privately signed SF 418 into law on February 28, 2025. The law is scheduled to take effect on July 1, 2025.[33][3]
Provisions
- The removal of the category of gender identity from the Iowa Civil Rights Act's list of protected classes in employment, housing, education, credit, and public accommodations.[3]
- A statutory definition of sex as "a person's biological sex as either female or male," based on reproductive anatomy, and that the sex listed on a birth certificate issued at or near the time of birth is presumptively correct.[3]
- The repeal of provisions allowing individuals to change the sex designation on their Iowa birth certificate based on transition-related medical treatment, combined with new requirements that any amended certificate must include both the individual’s sex assigned at birth and any updated legal sex designation—with the sex listed on a certificate issued at or near the time of birth considered presumptively correct—effectively prohibits the full replacement of the original sex marker.[3]
- Prohibitions on "gender identity theory" or "gender theory" instruction in kindergarten through grade six, including restrictions on discussions about puberty blockers and social transition.[3]
- Updates 30 sections of the Code of Iowa to strike gender identity protections in contexts ranging from credit practices to real estate appraisals, to school policies.[3]
Effects
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Senate File (SF) 418 insulates House File (HF) 2416 and SF 538, 482, and 496 by eliminating gender identity as a protected class under the Iowa Civil Rights Act; codifying a binary definition of sex based on biological characteristics at birth, which makes it more difficult for courts to reinterpret "sex" as inclusive of gender identity under Iowa law; ensuring legal consistency across state statutes; and making it harder for opponents to argue that the laws are arbitrary or constitutionally vague.[3] Although HF 766 was rendered unenforceable by precedent set in Vasquez v. Iowa Department of Human Services, SF 418 may provide a new legal basis for the state to revisit or reassert similar exclusions. With gender identity no longer protected under state civil rights law, the rationale used in the Vasquez decision could be challenged in future litigation.[34]
While SF 418 eliminates state-level protections for transgender individuals in employment, housing, education, credit practices, and public accommodations, United States (U.S.) federal laws continue to prohibit discrimination based on gender identity as interpreted by federal agencies and courts in employment, housing, education, and credit practices, but these may be more limited in scope and enforcement compared to the broader protections previously available under Iowa's civil rights statute.[5][6][7][8] However, Title II of the Civil Rights Act of 1964 and Title III of the Americans with Disabilities Act do not prohibit discrimination based on gender identity or sex, meaning that such discrimination will be legally permitted in public accommodations in Iowa under state law beginning July 1, 2025.[9][10]
As of July 1, 2025, the following jurisdictions in Iowa prohibit discrimination based on gender identity in public accommodations: Ames,[35] Bettendorf,[36] Cedar Rapids,[37] Coralville,[38] Council Bluffs,[39] Davenport,[40] Decorah,[41] Des Moines,[42] Dubuque,[43] Fort Dodge,[44] Grinnell,[45] Iowa City,[46] Johnson County (unincorporated areas only),[47] Sioux City,[48] and Waterloo.[49]
As of July 1, 2025, 18 U.S. states, the District of Columbia (D.C.), and the U.S. Virgin Islands (USVI) provide statewide protections against discrimination based on gender identity in credit and lending;[50] 24 states, D.C., and 2 U.S. territories in education;[51] 30 states, D.C., and the USVI in housing;[50] 27 states, D.C., and the USVI in public accommodations;[50] 32 states, D.C., and 3 U.S. territories in private employment;[52] and 36 states, D.C., and 3 U.S. territories in public employment.[52]
As of July 1, 2025, seven states—Tennessee (since 1977),[53] Oklahoma (since November 8, 2021),[54][55] Kansas (since July 1, 2023),[56] Florida (since July 15, 2024),[57] Texas (since August 20, 2024),[58] Indiana (as of March 4, 2025),[59] Iowa (since July 1, 2025)[3]—prohibit transgender individuals from changing the gender marker on their birth certificates. Six states (Idaho,[60] Iowa, Kansas, Montana,[61] Oklahoma, and Tennessee) have codified the prohibition statutorily, while three states (Florida, Montana,[62] and Texas) prohibit it through regulatory changes, and two states (Indiana and Oklahoma) have executive orders prohibiting it.
Iowa Civil Rights Commission
As of March 1, 2025, the Iowa Civil Rights Commission (ICRC) had reached determinations in 54 complaints involving gender identity discrimination, the highest number recorded in a single year in the state's history.[63] This surge was widely attributed to efforts by individuals and legal advocates to expedite filings before the scheduled repeal of gender identity protections under the Iowa Civil Rights Act, set to take effect on July 1, 2025, via Senate File 418. Attorney Roxanne Conlin, representing several clients in these cases, emphasized the urgency by stating, "We're going to try to get everything on file before July 1, 2025."[63]
Effective July 1, 2025, the ICRC will no longer have jurisdiction to investigate complaints of discrimination based solely on gender identity. As a result, individuals alleging discrimination based on gender identity will need to seek remedies under federal laws, such as Title VII of the Civil Rights Act of 1964, which, as interpreted by the U.S. Supreme Court in Bostock v. Clayton County, prohibits employment discrimination based on gender identity.[64]
To pursue a federal claim, individuals can file a complaint with the Equal Employment Opportunity Commission (EEOC), which enforces federal anti-discrimination laws.[65] It is important to note that although the ICRC and EEOC have a work-sharing agreement, the ICRC will not have jurisdiction over gender identity complaints post-July 1, 2025. Therefore, individuals must file directly with the EEOC to ensure their claims are addressed under federal law.[66]
Finnegan Meadows v. Iowa City Community School District
In February 2025, Finnegan Meadows, a transgender parent, filed a lawsuit titled Finnegan Meadows v. Iowa City Community School District against Liberty High School and the Iowa City Community School District after being denied access to the boys' restroom during school events.[67] The case, filed in Johnson County District Court (Case No. CVCV086130), argued that the school district's actions constituted unlawful discrimination under the Iowa Civil Rights Act. On March 31, 2025, Iowa Attorney General Brenna Bird filed a motion to intervene in the lawsuit, asserting the state's interest in defending a 2023 Iowa law requiring individuals to use restrooms that align with their biological sex.[68] The next day, April 1, 2025, Meadows voluntarily dismissed the lawsuit without prejudice.[69] Although no official reason for the dismissal was provided, it came shortly after Iowa Governor Kim Reynolds signed Senate File 418 into law on February 28, 2025. The law removes "gender identity" as a protected class under the Iowa Civil Rights Act, potentially undermining state-level legal claims related to gender identity discrimination.[70]
See also
References
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