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An Indianapolis school teacher has teamed up with the American Civil Liberties Union of Indiana to challenge a new state law that prohibits instruction on human sexuality in grades K-3.
The ACLU of Indiana filed a lawsuit Friday claiming House Enrolled Act 1608 infringes on the teacher’s constitutional rights.
According to an ACLU of Indiana press release, the lawsuit was filed on behalf of Kayla Smiley, an Indianapolis teacher.
Smiley will be teaching grades 1-3 in a school within the Indianapolis Public Schools starting in July, according to the lawsuit filed with the United States District Court for the Southern District of Indiana.
The lawsuit claims that, in addition to First Amendment violations, HEA 1608 is overly broad, as neither “instruction” nor “human sexuality” is defined. According to the complaint, Smiley is unable to determine how to conform her behavior to the law so as to not risk losing her teaching license.
“HEA 1608 is written so broadly that it would be next to impossible for teachers to determine what they can and cannot say to students,” Ken Falk, ACLU of Indiana legal director, said in a news release. “In addition, teachers have a First Amendment right to express themselves as private citizens outside of the classroom, including in the school’s hallways, playground, or before and after school, but the vagueness of this law would certainly have a chilling effect on those rights.”
According to the complaint, Smiley maintains a classroom library that contains age-appropriate books across a diverse spectrum of subjects and concerns, including LGBTQ issues, such as biographies of Harvey Milk and Elton John.
The complaint argues Indiana Code § 20-30-17-2 is unconstitutional as infringing on both the due process and First Amendment rights of teachers. It’s seeking a declaration that the statute is unconstitutional and an injunction preventing its enforcement.
HEA 1608 also requires schools to notify parents when a student asks for name or pronoun changes.
“This session, legislators were determined to target LGBTQ community members and to censor conversation about the LGBTQ community in schools (and) HEA 1608 was no exception,” Katie Blair, ACLU of Indiana advocacy director, said in the news release. “This bill, like others across the country, was modeled after Florida’s infamous ‘Don’t Say Gay’ law. LGBTQ students exist at all ages and in all grade levels and their stories belong in Indiana schools.”
The case is Kayla Smiley v. Dr. Katie Jenner, in her official capacity as Indiana Secretary of Education, 1:23-cv-1001.
The case against HEA 1608 comes as another Indiana law relating to LGBTQ youth is also being challenged in court.
Senate Enrolled Act 480 prohibits a physician from providing gender transition procedures to a minor, or aiding or abetting another physician to do so, with limited exceptions. The ACLU of Indiana has filed a lawsuit against that legislation.
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