Judge reins in Iowa law banning some books in schools

DES MOINES — 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 was approved early in 2023 by the Republican-led Legislature and GOP Gov. Kim Reynolds, bans from school libraries and classrooms books that depict sex acts and forbids teachers from raising issues of gender identity and sexual orientation 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 banning discussion of “gender identity” and “sexual orientation” in elementary schools, Locher said the way it was written made it “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,” the governor 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, meanwhile, lauded the decision.

“When education professionals return to work ... 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 Assn., 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 issues of gender and sexual orientation, ban treatments such as puberty blockers for transgender children and restrict the use of restrooms in schools. Many of the laws 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 Assn., publisher Penguin Random House and four authors.

The first lawsuit argues that the measure is unconstitutional because it violates students’ and teachers’ rights of free speech and equal protection. The second, which focuses on the book bans, argues that the law violates the 1st and 14th amendments.

Lawyers involved in both suits said the law is broad and confusing.