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JUDGE BLOCKS MOST OF AN IOWA LAW BANNING SOME SCHOOL LIBRARY BOOKS AND
DISCUSSION OF LGBTQ+ ISSUES

Iowa Gov. Kim Reynolds speaks during an interview with The Associated Press,
Nov. 8, 2023, in Des Moines, Iowa. On Friday, Dec. 29, 2023, a federal judge
temporarily blocked key parts of an Iowa law that bans some books from school
libraries and forbids teachers from raising LGBTQ+ issues. Credit: AP/Charlie
Neibergall

By The Associated PressUpdated December 29, 2023

DES MOINES, Iowa — 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.


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