Amid growing state and federal efforts to roll back diversity, equity, and inclusion (DEI) policies, The Iowa State Bar Association (ISBA) remains steadfast in its commitment to fairness, equal access, and representation for all individuals, regardless of race, gender, sexual orientation, disability, or other legally protected characteristics. In 2023, the ISBA adopted the following Diversity, Equity, and Inclusion Statement:
"The Iowa State Bar Association is dedicated to advancing diversity, equity, and inclusion in the legal field. We firmly believe that a diverse and inclusive profession is stronger, and our goal is to create an atmosphere where every legal professional can flourish. Our success is measured by increased awareness and discourse around the significance of DEI efforts, including discussions on implicit bias and fostering inclusive environments. We take pride in welcoming individuals of all races, ethnicities, creeds, sexes, abilities, gender identities, sexual orientations, national origins, religions, ancestry, ages, and other identities, whether legally protected or not. We embody our mission to support Iowa's legal professionals and the communities they serve and advocate for justice for all."
This statement reaffirms the ISBA’s long-standing commitment to fostering diversity in Iowa’s legal profession. Iowa law firms have worked to enhance workplace culture, improve decision-making, and promote fairness. The ISBA Diversity and Inclusiveness Committee, alongside the ISBA DEI director, provides Continuing Legal Education (CLE) programs and presentations on workplace equity, the economic benefits of diversity, and inclusive business practices.
A history of advocacy against inequality
The ISBA has a long-standing record of challenging inequality in the legal profession. In 1919, then-ISBA President Judge James O. Crosby forcefully condemned the ABA’s refusal to admit African American attorneys into the association, declaring:
"Though the American Bar Association has chosen to stand on Taney’s platform [that Black Americans have no rights], the Iowa State Bar Association prefers the Declaration of Independence."
— 25 Proceedings of The Iowa State Bar Association 144 (1919)
Building on this legacy, the ISBA reaffirms its commitment to justice, particularly in light of recent changes to Iowa Code § 4.1, Rules, Construction of Statutes. Section 4.1 was changed to include an entirely new Section 4.1A, which, among other things:
- Removes gender identity as a protected class under the Iowa Civil Rights Act.
- Redefines “equal” in statutory interpretation, stating that “equal” does not mean “same” or “identical,” and that “separate accommodations are not inherently unequal” with regard to a person’s sex or gender identity.
These changes revive elements of the discredited “separate but equal” doctrine, historically used to justify systemic discrimination.
Defending equal protection under the law
Equal protection under the law is not aspirational—it is a constitutional guarantee. Iowa lawyers have long played a critical role in defending the rule of law and protecting the U.S. and Iowa Constitutions, as established in precedent dating back to Clark v. Board of School Directors (1868), a case in which the Iowa Supreme Court held that separate was unequal almost a century before Brown v. Board of Education (1954). Our position is grounded in well-established legal precedent. The U.S. Supreme Court has recognized that discrimination based on gender identity is a form of sex discrimination, as established in Price Waterhouse v. Hopkins, 490 U.S. 228 (1989). Take the case of Bostock v. Clayton County, 590 U.S. 644 (2020). In that case, the U.S. Supreme Court held that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of sexual orientation and gender identity because such discrimination constitutes sex discrimination under the statute. These cases confirmed that individuals cannot be treated differently under the law because they do not conform to societal expectations of gender roles.
"We are beyond the day when an employer could evaluate employees by assuming or insisting that they matched the stereotype associated with their group."
— Price Waterhouse v. Hopkins, 490 U.S. at 251.
The ISBA remains unwavering in its 2023 commitment: We “take pride in welcoming individuals of all races, abilities, gender identities…whether legally protected or not.” The ISBA firmly opposes efforts to undermine equal protection of laws based upon race, gender, gender identity, religion, or characteristic or trait that the U.S. Supreme Court declared constitutes inclusion in a protected class under the Equal Protection Clause of the 14th Amendment.
Taking action to defend justice and democracy
The ISBA is not only reaffirming its commitment to DEI—it is taking affirmative steps to inform members and the public about core tenets of equal protection laws and democracy enshrined in the US and Iowa Constitutions. To that end, we are:
- Developing Continuing Legal Education (CLE) programs to equip attorneys with the knowledge and skills to navigate evolving legal landscapes.
- Expanding civic education initiatives through the Iowa Lawyers in Libraries program to inform the public on issues of equal protection, legal rights, and access to justice.
- Hosting non-partisan forums and discussions on the impact of Iowa Code § 4.1A and its broader implications for civil rights and the rule of law.
- Collaborating with ISBA partners to provide data and statistics on the legal profession and helping host informative programs that invite sensible public discourse on the DEI topic.
Call to action: Your role in advancing justice
The reaffirmation of the ISBA’s DEI Statement is strongest when backed by active engagement from our members. Success is measured not just by policy, but by fostering awareness, discourse, and advocacy to uphold equal protection for all individuals—both protected and unprotected under current law.
The ISBA has long led efforts to defend equal justice under the law. We urge our members to take part—through advocacy, education, and engagement—to uphold equal protection, safeguard the integrity of the legal profession, and ensure that justice remains accessible to all. To contribute to this effort, please contact ISBA President Melvin O. Shaw at law@melvinshaw.com or (319) 337-7429, or connect with your district representative to the ISBA Board of Governors at www.iowabar.org/BOG.
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