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Indiana Educators Restricted from Teaching Human Sexuality in Lower Grades
Indiana educators won’t be able to teach human sexuality in lower grades and will have to notify parents if their child requests to go by a different name or pronouns after a federal judge, ruling against an injunction trying to stop the new law, just days before most schools start.
Federal Judge Denies Preliminary Injunction Filed by ACLU
On Friday, a federal judge in the Southern District of Indiana denied a motion for a preliminary injunction filed by the ACLU on behalf of a teacher who said a new law concerning how human sexuality is taught in the classroom is too vague and puts her at risk of losing her teacher’s license.
Lawsuit Claims Vagueness in House Bill 1608
The lawsuit claims that neither “instruction” nor “human sexuality” is defined in House Bill 1608, which was signed into law in May. The law went into effect July 1. The legislation also prohibits instruction on human sexuality in prekindergarten through third grade, although teachers unions said at the time that it’s not taught in those grades.
Teacher’s Concerns Over Ambiguity of Law
Kayla Smiley, the Indianapolis Public Schools teacher involved in the lawsuit, said her classroom contains age-appropriate books that touch on LGBTQ themes. Biographies of Harvey Milk and Elton John were cited as examples. Smiley’s lawsuit argues that it remained unclear if such books could be misconstrued as instruction on human sexuality because they mention same-sex relationships and AIDS.
Lawsuit Alleges Restriction of Free Speech
In her complaint, Smiley also contended she might have to censor herself by not carrying her water bottle with a message about tolerance toward LGBTQ people, or removing an LGBTQ-supportive bumper sticker on her car, or refrain from talking to students about using the word ‘gay’ in a pejorative manner. Smiley alleged that because the law was too vague, it restricted her speech, and therefore violated her First Amendment rights.
Judge’s Ruling and Future Course of Action
In a 15-page court document, Judge James Patrick Hanlon ruled that Smiley hadn’t met the required threshold to warrant an injunction, and that she hadn’t clearly demonstrated her claims that her right to free speech would be violated under the new law. Using several court cases as examples, the judge stated Smiley faced “a heavy burden” to show the law was unconstitutional at face value. Hanlon wrote that the resolution of concerns related to Smiley’s classroom materials and conversations with students would be a role for Indiana’s state courts. Hanlon also suggested that Smiley could bring her challenges to the Department of Education if it were to initiate proceedings to suspend or revoke her teaching license as a result of the new law.
ACLU’s Second Lawsuit Targeting LGBTQ Rights
The lawsuit filed in June by the ACLU of Indiana was the second such suit concerning legislation passed this year that targets the rights of LGBTQ people. The group also filed a lawsuit challenging Senate Bill 480, which bans gender-affirming health care procedures for transgender minors.
