Iowa Democrats say university free speech bill creates 'legalized' discrimination

Democrats opposed on Wednesday the passage of a bill designed to protect the freedom of speech on college campuses, saying it instead would legalize discrimination.

"We have in essence legalized discrimination, which I believe is a very dangerous and unfortunate thing to be doing..." said Sen. Matt McCoy, D-Des Moines, who called the bill a "Trojan horse."

Senate File 2344 defines what is considered protected speech on college campuses, and it specifies that "a member of the campus community who wishes to engage" in protected forms of speech on campus "shall be permitted to do so freely subject to reasonable time, place, and manner restrictions."

But Democrats took issue with an amendment that struck the sentence: "A public institution of higher education may prohibit student organizations from discriminating against members or prospective members on the basis of any protected status recognized by federal or state law."

Iowa's civil rights code protects people from discrimination on the basis of race, creed, color, sex, sexual orientation, gender identity, national origin, religion, ancestry or disability.

Democrats worried that would allow student groups to ban members because of their gender identity, sex or other protected status.

"Should an organization, the student organization, have the right to form itself around a set of beliefs? I would say yes," said Sen. Herman Quirmbach, D-Ames. "But I believe that they do not have the right to discriminate on the basis of status."

The bill's sponsor, Sen. Amy Sinclair, R-Allerton, said that provision was struck because of a Muslim student group at the University of Iowa that requires its members to be Shia Muslims.

"(That section of the bill) could be applied in a way that would appear to target this Muslim student group, because they have that requirement for membership that they be members of the faith, which is a protected class of people," Sinclair said.

She said she's watched examples of free speech rights being eroded on college campuses.

"We see speakers who are invited in not being allowed to come," she said. "We see safe spaces being created where people are protected from ideas that offend them. Senator, this bill allows us a free exchange of ideas that’s not limited by our emotions. It allows us a free exchange of ideas anywhere that is a public space as it should be on any publicly funded college or university."

The legislation follows a lawsuit in which a student group, Business Leaders in Christ, claimed the University of Iowa revoked its registration as an on-campus organization after it denied a leadership role to a student who is openly gay.

That meant the group couldn't participate in on-campus recruitment fairs, use campus facilities or receive the funding and benefits other organizations receive.

The group claimed it did not discriminate based on the student's sexual orientation, but it said leaders are required to agree with and abide by the group's religious beliefs, "which include avoiding any sexual activity outside of marriage between a man and a woman."

Sinclair said the bill and the lawsuit are unrelated.

"It does not in any way say that the university can’t continue to act on issues of discrimination," she said. "But it does indeed protect the rights of a very much protected class under the Iowa civil rights code, and that is religion, and specifically this (Muslim) student group."

Sen. David Johnson, I-Ocheyden, pointed out that the bill is supported by the Libertarian organization Americans for Prosperity and the Christian conservative organization The Family Leader, but is opposed by groups like the American Civil Liberties Union.

"I see this as a very dangerous, insidious, nefarious bill that’s going to catch some people in the very wrong way who have every right to be speaking freely and associating freely," he said.

One Iowa Action Executive Director Daniel Hoffman-Zinnel said in a statement that the bill would allow student groups to turn away members because of their gender, race, religious belief and still receive public funding.

“No student should be excluded from participating in groups or activities they’ve already paid for because of who they are, and this bill is an attempt to allow just that," he said. "This isn't fair to students paying activities fees, or taxpayers who don't want to subsidize discrimination."