A federal judge on Friday temporarily blocked key parts of an Iowa law that bans some books from school libraries and forbids teachers from raising LGBTQ+ issues. Judge Stephen Locher’s preliminary injunction halts enforcement of the law, which was set to take effect Jan. 1 but already had resulted in the removal of hundreds of books from Iowa schools. The law, which the Republican-led Legislature and GOP Gov. Kim Reynolds approved early in 2023, bans books depicting sex acts from school libraries and classrooms and forbids teachers from raising gender identity and sexual orientation issues with students through the sixth grade. Locher blocked enforcement of those two provisions.
Quick Read
- Iowa Law Blocked: A federal judge issued a temporary injunction against parts of an Iowa law banning certain books from school libraries and restricting discussions on LGBTQ+ topics in schools.
- Judge’s Ruling: Judge Stephen Locher blocked the enforcement of provisions banning books depicting sex acts and forbidding discussions on gender identity and sexual orientation through sixth grade.
- Constitutional Concerns: Locher highlighted the law’s broadness and potential conflict with free speech rights under the Constitution.
- Governor’s Response: Iowa Governor Kim Reynolds expressed disappointment, emphasizing that gender identity and sexual orientation topics shouldn’t be in early grade classrooms and sexually explicit content should be removed from school libraries.
- Educators’ Reaction: Educators, represented by the Iowa State Education Association, welcomed the decision, seeing it as a relief from fear of reprisal.
- Notification Requirement Upheld: The requirement for schools to inform parents if a child requests a change in pronouns or name was not blocked, as plaintiffs lacked standing.
- National Trend of Similar Legislation: The Iowa law is part of a nationwide wave of similar legislation, often backed by Republican lawmakers, aiming to limit discussions on gender and sexual orientation and treatments for transgender children.
- Lawsuits Against the Law: Two lawsuits were filed against the Iowa law, arguing it violates constitutional rights to free speech and equal protection.
- Focus on Book Bans and Constitutional Violations: The lawsuits contend the law is overly broad and confusing, violating the First and 14th Amendments.
- State’s Argument: At a hearing, the Iowa attorney general’s office argued that schools were applying the book ban too broadly and should focus on the state’s definition of a sex act.
The Associated Press has the story:
Judge blocks Iowa law banning school books, gender identity instruction
Newslooks- DES MOINES, Iowa (AP)
A federal judge on Friday temporarily blocked key parts of an Iowa law that bans some books from school libraries and forbids teachers from raising LGBTQ+ issues.
Judge Stephen Locher’s preliminary injunction halts enforcement of the law, which was set to take effect Jan. 1 but already had resulted in the removal of hundreds of books from Iowa schools.
The law, which the Republican-led Legislature and GOP Gov. Kim Reynolds approved early in 2023, bans books depicting sex acts from school libraries and classrooms and forbids teachers from raising gender identity and sexual orientation issues with students through the sixth grade. Locher blocked enforcement of those two provisions.
The judge said the ban on books is “incredibly broad” and has resulted in the removal of history volumes, classics, award-winning novels and “even books designed to help students avoid being victimized by sexual assault.” He said that part of the law is unlikely to satisfy the constitution’s requirements for free speech.
In barring the provision barring any discussion of “gender identity” and “sexual orientation” in elementary school, Locher said the way it was written it was “wildly overbroad.”
Reynolds said in a statement that she was “extremely disappointed” by the ruling.
“Instruction on gender identity and sexual orientation has no place in kindergarten through sixth grade classrooms,” Reynolds said. “And there should be no question that books containing sexually explicit content — as clearly defined in Iowa law — do not belong in a school library for children. The fact that we’re even arguing these issues is ridiculous.”
Educators lauded the decision, however.
“When education professionals return to work next week, they can do what they do best: take great care of all their students without fear of reprisal,” Mike Beranek, president of the Iowa State Education Association, said in a statement.
The judge let stand a requirement that school administrators notify parents if their child asks to change their pronouns or name, saying the plaintiffs did not have standing.
Iowa’s measure is part of a wave of similar legislation across the country. Typically backed by Republican lawmakers, the laws seek to prohibit discussion of gender and sexual orientation issues, ban treatments such as puberty blockers for transgender children, and restrict the use of restrooms in schools. Many have prompted court challenges.
Opponents of the Iowa law filed two lawsuits. One is on behalf of the organization Iowa Safe Schools and seven students, represented by the American Civil Liberties Union of Iowa and Lambda Legal. The other is by the Iowa State Education Association, publisher Penguin Random House and four authors.
The first lawsuit argues the measure is unconstitutional because it violates students’ and teachers’ free speech and equal protection rights. The second, which focused more narrowly on the book bans, argues the law violates the First and 14th amendments.
Lawyers for both lawsuits said the law is broad and confusing.
At a Dec. 22 hearing, Daniel Johnston of the Iowa attorney general’s office argued that school officials were applying the book ban too broadly. When deciding whether to remove books, educators shouldn’t focus on the idea of a sex act but instead look for text or images that meet Iowa’s definition of a sex act, Johnston said.
