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House
File
583
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Introduced
HOUSE
FILE
583
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
242)
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
person’s
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
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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
person’s
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
or
discriminatory
practices
against
females
or
males
in
35
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relation
to
similarly
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:
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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
child’s
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:
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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
person’s
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
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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
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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
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583
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
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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
person’s
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
lessee’s
or
owner’s
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
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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
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583
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
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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
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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
person’s
biological
sex
as
either
female
or
25
male
the
same
as
defined
in
section
4.1A
.
The
sex
listed
on
a
26
student’s
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
student’s
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
individual’s
subjective
identification
as
male,
34
female,
or
neither
male
nor
female
.
Gender
identity
shall
not
35
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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
individual’s
sex
as
either
10
male
or
female
.
“Gender
theory”
includes
the
concept
that
11
an
individual
who
experiences
distress
or
discomfort
with
12
the
individual’s
sex
should
identify
as
and
live
consistent
13
with
the
individual’s
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
person’s
biological
sex
as
female
or
male,
26
as
the
same
as
defined
in
section
4.1A.
The
sex
listed
on
27
a
person’s
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
person’s
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
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583
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
explanation’s
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
person’s
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
person’s
sex.
These
rules
with
regard
to
a
14
person’s
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
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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,
10
or
program
that
prohibits
discrimination
on
the
basis
of
11
sex
shall
be
construed
to
forbid
unfair
or
discriminatory
12
practices
against
females
or
males
in
relation
to
similarly
13
situated
members
of
the
opposite
sex.
Notwithstanding
any
14
provision
of
state
law
to
the
contrary,
distinctions
based
15
on
sex
in
various
contexts
where
health,
safety,
or
privacy
16
are
implicated
resulting
in
separate
accommodations,
are
17
substantially
related
to
the
important
government
objectives
of
18
protecting
the
health,
safety,
and
privacy
of
the
persons
in
19
these
contexts.
In
addition,
any
state
department
or
subunit
20
of
a
department,
or
any
political
subdivision
of
the
state
21
including
a
city,
county,
township,
or
school
district
that
22
collects
vital
statistics
for
the
purpose
of
complying
with
23
state
antidiscrimination
laws
or
for
the
purpose
of
gathering
24
accurate
state
public
health,
crime,
economic,
or
other
data,
25
shall
identify
the
sex
of
each
person
included
in
the
collected
26
data
as
either
male
or
female.
27
The
bill
defines
“state
law”
for
the
purposes
of
new
Code
28
section
4.1A.
29
The
bill
also
amends
provisions
under
Code
chapter
144
30
(vital
statistics).
The
bill
requires
that
an
original
31
certificate
of
birth
include
a
designation
of
the
sex
of
the
32
person
as
defined
in
new
Code
section
4.1A.
With
regard
to
33
a
new
certificate
of
birth,
if
a
new
certificate
of
birth
is
34
established
after
the
state
registrar
receives
an
adoption
35
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report
or
a
certified
copy
of
an
adoption
decree
or
following
a
1
determination
of
paternity,
the
new
certificate
of
birth
must
2
include
a
designation
of
sex
of
the
person
at
birth.
Current
3
law
requires
the
state
registrar
to
establish
a
new
certificate
4
of
birth
for
a
person
upon
receiving
a
notarized
affidavit
by
a
5
licensed
physician
stating
that
by
reason
of
surgery
or
other
6
treatment
the
person’s
sex
designation
has
changed.
The
bill
7
repeals
this
provision.
8
Under
current
law,
Code
chapter
216
prohibits
discrimination
9
in
employment,
wages,
public
accommodations,
housing,
10
education,
and
credit
practices
based
upon
certain
11
characteristics
of
a
person,
including
gender
identity.
12
A
person
who
claims
to
be
aggrieved
by
an
unfair
or
13
discriminatory
practice
prohibited
by
Code
chapter
216
may
14
file
a
complaint
with
the
Iowa
civil
rights
commission.
Code
15
chapter
216
provides
various
remedies
for
such
practices.
Code
16
chapter
216
defines
“gender
identity”
as
the
gender-related
17
identity
of
a
person,
regardless
of
the
person’s
assigned
sex
18
at
birth.
19
For
purposes
of
Code
chapter
216,
the
bill
removes
20
gender
identity
as
a
protected
class.
The
bill
also
removes
21
gender
identity
as
a
protected
class
in
the
prohibition
of
22
discrimination
under
federal,
state,
and
local
law
for
charter
23
schools
and
innovation
schools.
24
Under
current
Code
section
279.80,
school
districts,
25
accredited
nonpublic
schools,
charter
schools,
and
innovation
26
zone
schools
are
prohibited
from
providing
instruction
related
27
to
gender
identity
and
sexual
orientation
to
students
in
28
kindergarten
through
grade
six.
The
bill
replaces
the
term
29
“gender
identity”
with
the
term
“gender
theory”
and
defines
30
“gender
theory”.
31
The
bill
makes
conforming
changes
related
to
the
strike
of
32
the
definition
of
gender
identity
in
the
Code.
33
The
bill
provides
that
its
provisions
are
severable
pursuant
34
to
Code
section
4.12.
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