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Indiana ACLU challenges state's new 'Education Matters' law; calls it unconstitutional

The Hoosier state faces new legal challenges to one of its recently passed laws dealing with teaching human sexuality in classrooms.

LOUISVILLE, Ky. — ACLU of Indiana is suing the state's department of education over its new "Education Matters" law, citing it violates an Indianapolis public school teacher's first amendment rights. 

The ACLU filed the lawsuit Friday, on behalf of Indianapolis Public School teacher Kayla Smiley.

It claims the law is overly broad in addition to violating Smiley's First Amendment rights.

Indiana Governor Eric Holcomb signed HEA 1608 into law in April. 

The provision bars teachers from providing "instruction" on "human sexuality" to pre-k through third grade students. However, teachers are allowed to answer questions about human sexuality if asked by a student. 

The suit explains the law doesn't define 'instruction' or 'human sexuality,' meaning Smiley is unable to determine how to act so she doesn't get in trouble with the law.

The law also requires schools to notify a parent if their child requests to go by a different name or pronouns in school.

I think we've kind of gone backwards in acceptance and inclusion," Zoe O'Hallin-Berne, Dir. of Engagement for Indiana Youth Group, said.

"People feel like it's okay to lash out at the LGBTQ+ community, because they [see] these laws passed are saying 'we can discriminate.' [they think] that means 'I can personally discriminate.'"

HB 1608 author Rep. Michelle Davis, R-Whiteland, has previously defended the measure.

"House Bill 1608 is about transparency. It's about getting parent involved so the parent knows what's going and the parent is making decisions for the child," Davis said, back in March as the measure was being discussed on the Ind. House floor. 

Rep. Davis hasn't returned WHAS11's request for comment at this time.

WHAS11 reached out to the Office of Indiana Attorney General Todd Rokita as well. The office hasn't returned WHAS11's request for comment but in a Tweet, posted Sunday, Rokita said, "My office is ready and determined to defend HB 1608 in court. Parents need to know what’s going on in the classroom & should be the ones to approach sensitive topics with their kids."

Click here to read the lawsuit. 

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