Iowa has passed a bill to eliminate all references to “gender identity” from state law while defining sex as biologically determined at birth, a move supporers say is designed to protect “the rights of women and girls.”
Iowa’s Republican Gov. Kim Reynolds signed Senate File 418 into law on Friday. Approved by the Republican-controlled Iowa Senate in a 33-15 vote Thursday, the Republican-controlled Iowa House of Representatives passed the measure in a 60-36 vote on the same day.
Support for the legislation fell mostly along party lines, with Republicans supporting it and Democrats opposing it. However, five House Republicans joined all Democrats in opposing the measure.
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Reynolds says the bill “safeguards the rights of women and girls,” insisting in a statement that it is necessary because the state’s “Civil Rights Code blurred the biological line between the sexes” and “forced Iowa taxpayers to pay for gender reassignment surgeries.”
The legislation establishes rules regarding “the construction of statutes” and begins by defining “Sex” as “the state of being either male or female as observed or clinically verified at birth.”
The law identifies a “female” as “an individual who has, had, will have through the course of normal development, or would have but for a developmental anomaly, genetic anomaly, or accident, a reproductive system that at some point produces ova.”
A “male” is defined as “an individual who has, had, will have through the course of normal development, or would have but for a developmental anomaly, genetic anomaly, or accident, a reproductive system that at some point produces sperm.”
The policy lists “woman,” “girl” and “mother” as terms that correspond to females and “man,” “boy” and “father” as words that refer to males. The term “gender” will be “considered a synonym for sex and shall not be considered a synonym or shorthand expression for gender identity, experienced gender, gender expression, or gender role.”
The law notes “the term ‘equal’ does not mean ‘same’ or ‘identical'” and that “separate accommodations are not inherently unequal.”
Reynolds said acknowledging “the obvious differences between men and women” is “necessary to secure genuine equal protection for women and girls.”
She highlighted the need to “have men and women’s bathrooms, but not men and women’s conference rooms; girls, and boys’ sports, but not girls’ math and boys’ math; separate men and women’s prisons, but not different laws for men and women.” Reynolds insists, “It is about the biological differences, and that is all.”
Another provision of the measure removes a section of state law allowing individuals to change the sex on their birth certificate.
The legislation removes all references to “gender identity” from state law and replaces the phrase with “gender theory” when amending existing laws prohibiting school officials from teaching students about matters related to sexual orientation and gender identity in kindergarten through sixth grade.
The legislation is opposed by progressive pro-LGBT organizations, such as the ACLU of Iowa, which decried the legislation as “barbaric.”
In a statement following the bill’s passage but before Reynolds signed it, ACLU of Iowa Director Mark Stringer described Thursday as “a difficult day for all Iowans who rely on the rule of law to protect their basic human rights.”
“For nearly two decades, Iowa law has protected people from discrimination based on their gender identity,” he added. “This has been a lifeline for people in areas as broad as housing, workplace fairness, credit, public accommodations, and education.”
Stringer lamented that the measure would make Iowa “the first state in the country to repeal protections for LGBTQ people from its state civil rights law.”
“Iowa has been a trailblazer in advancing civil and basic human rights — from banning slavery all the way to ensuring marriage equality,” Stringer said. “In many instances, our laws have helped advance the causes of freedom and equality in our nation.”
Stringer described the prospect of Iowa becoming the first state to “specifically single out transgender people for removal of their legal rights as enshrined in state antidiscrimination law” as “unacceptable.”
Reynolds addressed what she characterized as “misinformation” about the bill, maintaining that “it simply brings Iowa in line with the federal Civil Rights Code, as well as most states.”
“We all agree that every Iowan, without exception, deserves respect and dignity. We are all children of God, and no law changes that,” Reynolds proclaimed.
Passage of the Iowa bill comes weeks after the U.S. Department of Health and Human Services announced it would eliminate “gender ideology” from its policies, declaring that there are two sexes.
In a Feb. 19 statement, HHS stated that it is “restoring the concept of biological truth in federal government.” Under the Republican Trump administration, HHS will define “sex” as an “immutable biological classification as either male or female.” Under the Democratic Obama and Biden administrations, the term “sex” was broadened to include concepts like gender identity and sexual orientation.
The HHS Office on Women’s Health launched a webpage to advance guidance on sex-based definitions and provide other resources “on efforts to protect women and children.”
“There are only two sexes, female and male, because there are only two types of gametes,” the website reads. “An individual human is either female or male based on whether the person is of the sex characterized by a reproductive system with the biological function of producing eggs (ova) or sperm.”
“The sex of a human, female or male, is determined genetically at conception (fertilization), and is observable before birth,” it continues. “Having the biological function to produce eggs or sperm does not require that eggs or sperm are ever produced. Some females or males may not or may no longer produce eggs or sperm due to factors such as age, congenital disorders or other developmental conditions, injury, or medical conditions that cause infertility.”
On the first day of his second term in the Oval Office, President Donald Trump signed an executive order known as “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” The order instructed HHS to issue “clear guidance expanding on the sex-based definitions” within 30 days.
Ryan Foley is a reporter for The Christian Post. He can be reached at: ryan.foley@christianpost.com
