Court declares Iowa gender-balance requirement to be unconstitutional

A federal judge has declared an Iowa law requiring gender balance on a judicial nominating commission to be unconstitutional.

In a lawsuit that pitted the California-based Pacific Legal Foundation against the state of Iowa, U.S. District Judge Stephanie Rose ruled against the state on Thursday, permanently enjoining it from enforcing the gender-balance requirement.

The foundation had challenged the law that pertains to the State Judicial Nominating Commission that sends the governor recommendations for judges to serve on Iowa’s appellate courts. By law, the governor must appoint nine of the commission’s members, while the remaining eight are elected by the members of the Iowa bar. The law requires the bar to elect two commissioners “of different genders” from each of Iowa’s four congressional districts.

The lawsuit, filed on behalf of former state legislator Charles Hurley and others, challenged the gender requirement, arguing it was unconstitutional and violated the equal protection clause of the 14th Amendment.

The state argued the law was necessary to ensure that Iowa women are represented on the commission.

Rose granted the foundation’s request for summary judgment in the case and ruled, without the case going to trial, that the requirement was unconstitutional. The ruling immediately blocks enforcement of the law.

In her ruling, Rose stated that while the gender-balance requirement may have once served a purpose, there’s no evidence it’s needed today.

“This is not to say that gender discrimination does not exist — it plainly does across the spectrum of jobs in this country — but the evidence presented to the court does not establish this fact in this commission, in this state, at this time,” Rose wrote.

“We are extremely pleased with the court’s decision today,” said Laura D’Agostino, attorney at Pacific Legal Foundation. “Our clients — Rachel Raak Law, Micah Broeckmeier and Charles Hurley — are vindicated for their courage in standing up against this discriminatory statute. The Judicial Nominating Commission is now prevented from discriminating against Iowa citizens. All Iowans should celebrate that result. We are hopeful that the Iowa Legislature takes this cue from the court and repeals the state’s remaining gender balance laws.”

A bill was introduced in the Iowa Senate last year to repeal the gender balance law for all state boards, committees and commissions, but it did not pass. A review committee established by Gov. Kim Reynolds’ 2023 government reorganization legislation also has called for eliminating the gender-balance requirement for all boards and commissions.