The American Civil Liberties Union of Indiana has filed a lawsuit against House Enrolled Act 1608
The American Civil Liberties Union of Indiana filed this lawsuit on behalf of Kayla Smiley, a public-school teacher in Indianapolis, claiming that House Enrolled Act 1608, a law that prohibits “instruction” on “human sexuality” in grades K-3, infringes her constitutional rights.
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 lawsuit, Smiley is unable to determine how to conform her behavior to the law to not risk losing her license.
One example according to the lawsuit is that 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.
Under the law, it is completely unclear to teachers whether or not books such as these qualify as “instruction on human sexuality” or whether or not they can discuss any topics regarding same-sex relationships.
House Enrolled Act 1608 passed the house in April this year, and was signed by Governor Holcolmb in May to go into effect on July 1st, 2023.
To see the full lawsuit, visit aclu-in.org.
