Indiana Gov. Holcomb signed HB 1608, barring K-3 instruction on human sexuality and requiring schools to notify parents of gender-identity requests

On May 4, 2023, Indiana Governor Eric Holcomb signed House Enrolled Act 1608 into law, enacting two new provisions targeting LGBTQ students in public schools. A new chapter, IC 20-30-17 ("Prohibited Instruction"), bars schools, their employees, and third-party vendors from providing any instruction to students in prekindergarten through grade 3 on "human sexuality," a term the statute leaves undefined.

A separate new chapter, IC 20-33-7.5 ("Parental Notification Regarding Identification"), requires a school to notify a student's parent in writing not later than five business days after an unemancipated minor requests to be addressed by a name, pronoun, title, or word that differs from the student's records — a forced-disclosure provision that can out transgender students to their families. The measure cleared the Indiana House 65-29 and passed the Senate before reaching the governor's desk; it took effect July 1, 2023, and is codified as Public Law 248-2023.

By restricting classroom discussion tied to sexual orientation and gender identity and directing schools to disclose students' gender-identity requests to parents, the law directs public institutions to treat LGBTQ students differently on the basis of who they are. The American Civil Liberties Union of Indiana, which opposed the bill, said the undefined "human sexuality" language could be used to broadly censor discussion of LGBTQ people in schools and warned that the notification requirement risks exposing trans youth to rejection at home.

Updates

2023-06-09 — ACLU of Indiana sued to block HB 1608 on behalf of teacher Kayla Smiley [4]

The American Civil Liberties Union of Indiana filed a federal lawsuit in the U.S. District Court for the Southern District of Indiana on behalf of Indianapolis Public Schools teacher Kayla Smiley, arguing HB 1608's "human sexuality" instruction ban violated her First Amendment rights and was unconstitutionally vague because the statute left "instruction" and "human sexuality" undefined.

2023-07-28 — Federal judge denied preliminary injunction against HB 1608 [5]

U.S. District Judge James Patrick Hanlon denied Smiley's motion for a preliminary injunction, ruling she had not carried her burden of showing HB 1608 likely violated the First Amendment, and the law took effect as scheduled on July 1, 2023.

2026-04-21 — Seventh Circuit affirmed denial of injunction in Smiley v. Jenner [6]

A Seventh Circuit panel, in an opinion by Judge Michael Scudder, affirmed the district court's denial of a preliminary injunction, rejecting Smiley's overbreadth and vagueness challenges to HB 1608's instruction ban.