Iowa Law Restricting Books in K-12 School Libraries No Longer Subject to Injunction

The decision by federal appeals court judges on Friday allows the Iowa law prohibiting school libraries from housing books with sexually explicit content to be enforced.

The U.S. Court of Appeals for the Eighth Circuit lifted the injunction that had blocked portions of the 2023 law passed by Governor Stephen Locher, ruling that the initial block was based on faulty legal reasoning.

This law bars books containing written or visual depictions of sexual acts as well as materials discussing “gender identity” and “sexual orientation” for students in kindergarten through sixth grade from school libraries. These restrictions can now be implemented while legal challenges continue.

The American Civil Liberties Union of Iowa, Lambda Legal, and Iowa Safe Schools, alongside Penguin Random House and authors affected by the law, are among the parties contesting the legislation.

Iowa State Education Association President Joshua Brown expressed disappointment at the appeals court’s decision, emphasizing the negative impact on educators and students from restricting access to significant books.

Critics argue that the law will limit access to classic literature like “Brave New World” and “Ulysses” but mostly removes books focusing on race and LGBTQ+ themes, such as “Gender Queer” and “All Boys Aren’t Blue.”

Educators have criticized the lack of clarity surrounding the law’s application, especially regarding what materials are considered suitable for various age groups. The Iowa Department of Education has not clarified these guidelines yet.

Iowa Attorney General Brenna Bird hailed the court’s decision as a victory for parental rights, ensuring age-appropriate books in schools. Governor Kim Reynolds echoed the sentiment, emphasizing parental involvement in deciding appropriate reading material.

The lawsuit criticized the district court for failing to apply relevant legal precedent, including the 2024 U.S. Supreme Court case “Moody v. NetChoice.” The judges rejected the state’s argument that school library materials constitute government speech.

The ACLU of Iowa, Lambda Legal, and plaintiffs in the lawsuit expressed frustration at the court’s decision, highlighting the negative impact on LGBTQ+ students as the new school year approaches.

The case will now go back to the district court for further proceedings.