Keep an eye on this one.
The Fort Des Moines Church of Christ, Plaintiff, alleges state and municipal antidiscrimination laws unconstitutionally interfere with its First and Fourteenth Amendment rights. Plaintiff would like to communicate messages that would place qualifications based on gender identity on who may use its restrooms and showers. It would also like to explain its views supporting these qualifications through the delivery of a sermon drafted by one of its pastors. To these ends, it moves for a preliminary injunction enjoining the enforcement of certain provisions of the Iowa Civil Rights Act (“ICRA”) and the Des Moines City Code, both of which prohibit places of public accommodation from discriminating based on gender identity. Both sets of laws contain exemptions for religious acts of religious institutions. The members of the Iowa Civil Rights Commission (“ICRC”) and the Attorney General (collectively “the State Defendants”) and Defendant City of Des Moines (“the City”) move to dismiss Plaintiff’s Complaint. The three motions came before the Court for a combined hearing on August 31, 2016. The matters are fully briefed, submitted, and ready for consideration.
For reasons stated below, Plaintiff’s request for a preliminary injunction is DENIED. The
Court also DENIES the motions to dismiss filed by the State Defendants and the City.
https://caffeinatedthoughts.com/wp-content/uploads/2016/10/FortDesMoinesDecision.pdf