Attorney General Todd Rokita’s team successfully defends state law shielding pre-K through third grade students from human sexuality lessons
The 7th Circuit U.S. Court of Appeals today sided with Attorney General Todd Rokita’s arguments and upheld an Indiana law that prohibits public schools from providing instruction on human sexuality to students in pre-kindergarten through third grade — delivering a strong victory for parental authority, childhood innocence and commonsense education priorities.
“This decision is a huge win for Hoosier parents and common sense,” said Attorney General Rokita. “Human sexuality should not be taught in public schools, period. These are sensitive topics best left to parents and families, not government employees in the classroom.”
In 2023 — the same year the law was enacted — a first-year teacher from Indianapolis Public Schools sued the state. She claimed the law violated her First Amendment rights and was unconstitutionally vague. Just as a federal district court did previously, the federal appeals court rejected both those contentions.
“Our law is clear that primary teachers in public schools have only limited speech rights just like other public employees,” the court stated in its ruling. “Even more, their in-classroom instruction does not enjoy First Amendment protection.”
In other words, the people of Indiana — through their elected representatives — have the right and authority to make laws regulating the content of public school curricula.
Attorney General Rokita thanked Solicitor General James Barta and his team for their work on this case.
Tuesday’s decision represents the second time this week that the 7th Circuit U.S. Court of Appeals has ruled in Indiana’s favor. On Monday, it granted the state’s emergency motion to stay a preliminary injunction against Indiana’s commonsense law clarifying that college- and university-issued IDs cannot be used to vote. Only secure, government-issued IDs like Indiana driver’s licenses are accepted at the polls — a needed provision to close loopholes, prevent potential fraud by out-of-state or ineligible voters, ensure every ballot belongs to a verified Hoosier, and preserve public confidence in fair, honest, and transparent elections.
Read Tuesday’s decision here.