(Des Moines, Iowa) The Iowa law prohibiting school libraries from having books containing sexually explicit material can go into effect, federal appeals court judges ruled Friday. According to the Iowa Capital Dispatch, the three-person panel moved to lift the injunction blocking the law from enforcement, on Friday. Portions of the 2023 law were previously blocked in January by U.S. District Court Judge Stephen Locher. The U.S. Court of Appeals for the Eighth Circuit ruled that Locher’s decision was based on a “flawed analysis of the law.”
The law prohibits school libraries from including books with written and visual depictions of sex acts from, in addition to banning instruction and materials involving issues of “gender identity” and “sexual orientation” for students in kindergarten through sixth grade. These regulations will now be allowed to take effect as legal challenges continue. The law is being challenged by multiple parties.
Iowa State Education Association President Joshua Brown said in a statement that the organization was “disappointed” by the appeals court decision. Critics of the measure say that the law will keep classic literature — like the books “Brave New World” and “Ulysses” — from being available in school libraries, but that a majority of the books removed from school shelves are those focused on stories about race and LGBTQ+ issues, like “Gender Queer,” “All Boys Aren’t Blue,” and “The Color Purple.”
Toni Morrison’s “The Bluest Eye” was among more than two dozen books removed last month from a school library at Goddard, Kansas, following a challenge by a parent. The books have since been returned to the shelves. Max McCoy/Kansas Reflector
Educators have criticized the state for not clarifying the rules surrounding the law, as the Iowa Department of Education did not respond to advocates’ request to provide more information on what materials are considered “age-appropriate” under the law. The state department has said they plan to address allegations of noncompliance on a case-by-case basis.
But Iowa Attorney General Brenna Bird said the appeals court decision was a win for Iowa parents. “We went to court to defend Iowa’s schoolchildren and parental rights, and we won,” Bird said in a statement. “This victory ensures age-appropriate books and curriculum in school classrooms and libraries. With this win, parents will no longer have to fear what their kids have access to in schools when they are not around.” Gov. Kim Reynolds also released a statement supporting the court opinion:
“Today, the US Court of Appeals for the Eighth Circuit confirmed what we already knew – it should be parents who decide when and if sexually-explicit books are appropriate for their children,” Reynolds said. “Here in Iowa, we will continue to focus on excellence in education and partnerships with parents and educators.”
The lawsuit found that the district court decision did not properly evaluate the law under existing precedent — referring specially to the 2024 U.S. Supreme Court decision in Moody v. NetChoice, a lawsuit involving speech on social media platforms. However, the judges also rejected the state’s argument that school library materials constitute “government speech.” They also found that a transgender student whose school district banned gender-sexuality alliance clubs due to concerns about the law has standing to sue.
The decision returns the case to district court for further action.
Facebook
Twitter
YouTube
RSS