Mackenzie Ryan

mryan@dmreg.com

The ACLU of Iowa is demanding an apology for a transgender student in Newton they say was improperly prevented from expressing a political message and subsequently called "girl" by a teacher, despite coming out as a boy two years prior.

The sophomore wrote "love trumps hate" on his arm but was forced to either wash it off or leave school, which would have resulted in disciplinary actions, the ACLU wrote in a letter to the Newton school district. During an exchange, a gym teacher twice told the student, who identifies as a boy, "don't be drawing on yourself, girl."

While the incident happened in November, the ACLU sent the letter Friday, just two days after the Trump administration withdrew federal guidance on how transgender students should be treated in public schools.

The letter also coincides with the 48th anniversary of the landmark Supreme Court case, Tinker v. Des Moines Independent School District, which affirmed students' First Amendment right to free speech in school.

"The irony is not lost on us, a half-century later. Students are still fighting the same fundamental battle for freedom of speech," said Veronica Fowler, spokeswoman for the ACLU of Iowa. She added: "It was clearly a disrespectful and harassing thing to do to this student."

Newton schools, located about 30 miles east of Des Moines, acknowledged the ACLU letter. Superintendent Bob Callaghan told the Register that the district is "committed to providing its students with a safe and positive learning environment."

"The district takes all such allegations seriously, and is conducting an investigation," he said. "The district will take other responsive action as appropriate."

In a video message posted by the ACLU, Mary Beth Tinker, who filed a lawsuit after being disciplined for wearing a black armband to Warren Harding Junior High in 1965 to protest the Vietnam War, encouraged the Newton student for standing up for free speech.

"I've been disappointed to hear that he's been disrespected, and his rights violated," she said. "I know how that feels. It's not always easy to stand up for yourself, especially if your ideas are unpopular or new."

Trump's letter

Despite the Trump administration's decision this week to rollback guidance on how public schools should treat transgender students, Iowa education leaders say little will change for students here because of protections that are already part of Iowa civil rights law.

Iowa schools must allow students to use bathrooms or locker rooms, as well as address students by the names and pronouns, of the gender they identify with.

"Truly, nothing changes for schools," said Staci Hupp, spokeswoman for the Iowa Department of Education.

Nationally, however, rescinding the Obama administration's guidance prompted questions about whether the U.S. Supreme Court will hear a case filed by a Virginia high school senior who is transgender.

The U.S. departments of Education and Justice issued a "Dear Colleague" letter on Feb. 22 saying they will "withdraw and rescind" guidance requiring transgender students to use the bathrooms or locker rooms they identify with, among other measures.

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Some fear that the "rhetoric" around Trump's decision could cause confusion — perhaps inciting discrimination against transgender students.

"In Iowa, we do have those protections, and (schools) need to abide by them," said Daniel Hoffman-Zinnel, executive director of One Iowa, an LGBT rights advocacy group. “I’m hoping that this doesn’t open up opportunities for other teachers allowing this.”

This week, some Iowa schools released statements reiterating their commitment to educating and welcoming transgender students.

"When a student shows up at a public school in Des Moines, we have a legal obligation to educate them and a moral obligation to make them feel welcomed and supported so they can succeed," Des Moines Superintendent Tom Ahart said.

"Des Moines Public Schools will always welcome and support our diverse student body. This includes our transgender students."

Newton incident

The November incident in Newton, while unrelated to Trump's decision this week, violated the student's free speech protections under the First Amendment, as well as rights given to transgender Iowans under state civil rights law, ACLU officials said.

According to the ACLU's letter, a Newton gym teacher observed a drawing on a sophomore's arm that said "love trumps hate" on Nov. 14, a week after Trump was elected president. The name of the student was redacted from a copy of the letter shared with media.

The gym teacher then joked with the sophomore, saying "don't be drawing on yourself, girl."

"The student laughed, because he thought (the teacher) was joking, because the school had been pretty good" about respecting his identity, Fowler said. "Then the teacher said it again, pointedly, 'girl.' He was trying to belittle this student based on the gender identity."

The teacher escorted the student to the assistant principal's office, where the student was told he needed to wash off the message or leave school grounds. The student was also told to not discuss politics.

Facing truancy and discipline if he left school, the student chose to wash the message off his arms.

The ACLU's letter noted that other students and teachers have been allowed to express political messages. For example, the gym teacher had "talked openly" with students about being a Republican and his political views, it said.

Also in November, students walked out of class in "support of love, diversity and inclusivity." During the walkout, two students held pro-Trump signs. The subsequent day, the principal released a statement saying that "both anti-Trump and pro-Trump students had the right to walk out," the letter said, and would not face discipline above the normal consequence of an absence.

"We believe that it is more important than ever to protect the rights of students in public school, and all of us, to free speech and expression," said Rita Bettis, ACLU of Iowa's legal director.