The Mid America Store

By: Robin Opsahl 

Iowans weighed in for the second day of public input on a bill to remove gender identity as a protected class from the Iowa Civil Rights Act.

A Senate subcommittee convened Tuesday to discuss Senate File 418. It’s a companion bill to a bill advanced Monday by the House Judiciary Committee. The legislation would remove “gender identity” protections from discrimination in housing, employment, wages and public accommodations from the state’s civil rights code, in addition to removing transgender Iowans’ ability to change their sex designation on a birth certificate after receiving medical transition care.

Many of the same speakers who addressed House lawmakers Monday repeated their points to senators at the Tuesday subcommittee meeting. While there was still a large crowd gathered at the Iowa State Capitol in opposition to the measure, protesters could not be heard chanting over speakers’ comments during the meeting.

Several speakers brought up concerns about transgender women participating in women’s sports and using women’s restrooms as reasons why the legislation removing gender identity protections from the Civil Rights Act was necessary. While Iowa has passed laws on these subjects in recent years, supporters of the bill said these provisions were at risk as they could be deemed discriminatory because of gender identity protections in the state Civil Rights Act.

Deb Davis of Johnston said though some transgender people and allies “may not think they are pushing their views on others,” that they are doing so by allowing transgender women in women’s restrooms and allowing them to compete in women’s sports.

“Basically, as I see it, you have one of two choices,” Davis said. “It is impossible to support both, as some of the rights of one cancel the rights of others. You can either uphold biological women’s rights, or you can support those who choose to be something other than their God-given sex.”

Keenan Crow with One Iowa, an LGBTQ+ rights organization, said topics like participation in women’s sports are not what the measure is about. Crow said the bill would “allow discrimination against transgender people” and that other subjects could be addressed without removing these protections.

“You could take out any one of those components and still get what you say you want out of that bill,” Crow said. “You don’t have to deny transgender Iowans access to employment, credit or housing. This is a choice. I can agree to disagree with folks in this building about a great number of things … but when it comes to allowing people to be denied access to shelter, simply because of who they are, I cannot compromise.”

Addressing the Senate subcommittee, multiple transgender Iowans said the measure would take away their ability to live in Iowa with the same dignity, respect and freedom from persecution as afforded to others. Kristian Maul, a small business owner in Iowa, said “the ability to function as an adult is going to be impacted for every single trans Iowan” if the bill is passed into law. As a transgender man, Maul said he could be kicked out of leased spaces, denied business loans or fired from a job because of his gender.

Maul also said while several speakers were concerned about transgender women using women’s spaces, people need to understand the measure would force transgender men to use women’s spaces as well.

“Those of us who have the financial means and ability will leave the state, we absolutely will,” Maul said. “I’m not going to continue living in a state where I have to use the women’s bathroom. It’s ridiculous. It’s absurd.”

Todd Erzen, father of four daughters including Ainsley Erzen, a former Carlisle High School athlete who joined the lawsuit challenging NCAA rules on transgender women’s ability to compete in women’s collegiate sports, said that his children are no longer enrolled in the Carlisle public school system “because they were harassed by the very crew now who claims to be the victim over and over and over again.”

“That whole notion of you just want to be left alone — my children weren’t being left alone, and all they did was come and speak publicly like I’m doing right now,” Erzen said. “Not only that, when I spoke publicly on social media, as is my right to defend my family and on these issues, I had the cops called on me by teachers. I had cease and desist letters sent to me. Nothing ever came of it, because the bullying comes from that side. I think we’re done here with this game.”

The measure moved forward with support from Republican Sens. Jason Schultz and Dan Dawson. Dawson, R-Council Bluffs, said he supported the measure moving forward as it would address the legal ramifications of the 2007 addition of gender identity to the ICRA.

“While it’s undeniable that gender identity, gender expression, has been around humanity for centuries, what also is undeniable is that the legal instances since 2007 have multiplied here the last few years,” Dawson said. I do believe this is to correct the unintended consequences of those legal instances.”

Schultz, R-Schleswig, said he expected a “full-throated floor debate” on the subject if it is passed out of the Senate Judiciary Committee, which is scheduled to consider it Wednesday. The House Judiciary Committee passed the legislation Monday with a public hearing scheduled on the bill Thursday. The legislation will become available for floor debate in the House Thursday.