Iowa School Book Ban on Hold After Latest Court Decision

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    In the latest development from Des Moines, Iowa, a federal judge has ruled that the state cannot enforce a specific part of its book ban law, at least for now. The decision grants a temporary reprieve for major publishers who had challenged the state’s policy. This ruling came from U.S. District Judge Stephen Locher, who has once again blocked the segment of the law that bans school libraries and classrooms from stocking books illustrating sexual acts.

    Originally passed in 2023 by Iowa’s Republican-majority Legislature and Governor Kim Reynolds, the law’s book ban aspect was initially halted by Judge Locher. However, the U.S. Eighth Circuit Court of Appeals overturned this decision in August, enabling the law to be enforced during the current academic year.

    The appellate court highlighted that the lower court did not use the appropriate analysis in its initial injunction of the law. Judge Locher reiterated that the law’s unconstitutional applications significantly outweigh its constitutional ones, under both pertinent legal standards. He also proposed an alternative test for constitutional assessment, yet expressed skepticism about its applicability to this situation.

    Iowa Attorney General Brenna Bird responded, emphasizing the importance of ensuring school books are age-suitable and vowing to continue defending the law aimed at protecting children and respecting parental rights.

    The lawsuit, initiated by the Iowa State Education Association, prominent publishing companies, and well-known authors such as John Green and Jodi Picoult, asserts that the law is too wide-ranging and ignores age considerations. It purportedly restricts books by their mention of any sex act, regardless of age suitability, according to the complaint filed.

    The state’s representation contends that the law precisely targets explicit sexual content. In a February argument, the attorney defending Iowa suggested that school materials need to align with educational goals. The authors and publishers countered this by suggesting that while supporting educational missions is important, it should not be the exclusive function of school libraries, which are also venues for voluntary education.

    Judge Locher stated that the law does not pertain to regulating student speech or symbolize ‘government speech’ but rather imposes state-level control over a matter typically managed by local authorities regarding library content.

    Moreover, the law is not limited to book bans; it also bars educators from addressing gender identity and sexual orientation with students up to grade six and mandates parental notification if students wish to alter their pronouns or names.

    This Iowa legislation parallels similar moves in other states, primarily by Republican lawmakers, seeking to limit discussions on gender and sexual orientation and regulate school restroom use. Many of these laws have faced legal pushback.

    Another lawsuit in Iowa, filed by the LGBTQ+ advocacy group Iowa Safe Schools and several young people, also challenges the law’s prohibition on teaching about sexual orientation and gender identity in K-6 education. Judge Locher’s further decision on this matter is anticipated in the near future.