Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
On behalf of an Indianapolis school teacher, the American Civil Liberties of Indiana is continuing in efforts to obtain an injunction against a new state law that prohibits instruction on human sexuality in grades K-3.
The ACLU had previously filed a complaint for Kayla Smiley, an Indianapolis teacher, on June 9 for declaratory and injunctive relief, arguing that House Enrolled Act 1608 is unconstitutional as infringing on both the due process and First Amendment rights of teachers. It then filed a memorandum in support of a preliminary injunction on June 27.
In its memorandum in support of a preliminary injunction to prevent enforcement of the law pending trial, the ACLU argues the law’s language presents no standards or guidance for Smiley, or anyone subject to HEA 1608, that they could use to determine if they violated the law, or if a teacher had engaged in forbidden instruction on human sexuality.
“This vagueness is particularly problematic as the undefined term ‘instruction’ appears to apply to Ms. Smiley’s speech away from the classroom. When she is removed from the classroom, of course, she has a right to express herself that is protected by the First Amendment — even when she is speaking to young children. The statute is imposing a chill on her expression,” the memorandum says.
It further argues that the term “human sexuality” could mean a variety of things and is “hopelessly vague” and undefined.
“The term is particularly problematic as, not surprisingly, there is no official course on ‘human sexuality’ taught to students in kindergarten through third grade. The term must mean something, but what?” the memorandum states.
Efforts to reach Ken Falk, the ACLU’s legal director, by phone and email were unsuccessful.
A spokesperson in Attorney General Todd Rokita’s Office issued a response to Indiana Lawyer regarding the filing.
“Our office is ready and determined to defend HEA 1608 in court. It’s not surprising the radical Left has filed a complaint against yet another bill that supports the nuclear family. Attorney General Rokita and the General Assembly share the opinion of Hoosiers and believe it’s the parents’ job to raise their children — this includes how they are educated,” the spokesperson wrote in an email to IL. “It is not the role of the teachers’ union or other arms of the government to instill their own views on politics, sex, or free speech into young students. The school is simply supposed to be an additional source of education, aiding in the parents’ job to raise their children in a healthy manner. Therefore, they should stick to teaching students to read, write, perform all levels of math, and to critically think — not indoctrinate, subdue, and sexualize our innocent youth.”
The motion notes that a teacher has a First Amendment right to speak as a private citizen as to matters of public concern and alleges Indiana Code § 20-30-17-2 violates the First Amendment and Smiley’s rights, is unconstitutional, and a preliminary injunction should be issued to prevent ongoing harm to her that will occur if the law is allowed to go into effect.
The case is Kayla Smiley v. Dr. Katie Jenner, in her official capacity as Indiana Secretary of Education, 1:23-cv-1001.
Please enable JavaScript to view this content.