close
close

Federal appeals court rules Iowa’s book ban law can go into effect

Federal appeals court rules Iowa’s book ban law can go into effect

The provision of the law ban teaching on sexual orientation and gender identity before seventh grade may also come into effect as students prepare to go back to school later this month.

The law was challenged in two lawsuits brought by LGBTQ advocates, a teachers’ union and book publishers, and was blocked by a lower court at the end of December.

A three-judge panel of the U.S. Court of Appeals for the Eighth Circuit lifted the temporary injunction Friday and said legal proceedings could continue in US District Court.

U.S. Circuit Judge Ralph Erickson wrote that the temporary injunction was “based on a flawed analysis of the law,” but left the door open to plaintiffs seeking another injunction using a different legal standard.

Republican Gov. Kim Reynolds signed the law last year.

Nicole Baxter

/

Iowa Public Radio

Some school districts have removed literary classics in response to Iowa’s law banning books that describe or show sex acts.

“Today, the U.S. Court of Appeals for the Eighth Circuit confirmed what we already knew — it should be up to parents to decide when and if sexually explicit books are appropriate for their children,” Reynolds said in a statement. “Here in Iowa, we will continue to focus on excellence in education and partnerships with parents and educators.”

Organizations behind one of the moods— Lambda Legal, the ACLU of Iowa and Jenner & Block — said in a statement that they will ask the district court to block the law again.

“Iowa families, and especially LGBTQ+ students who will once again face bullying, intimidation and censorship as they return for a new school year, are deeply frustrated and disappointed by this delay,” the statement said. “Denying LGBTQ+ youth the chance to see themselves represented in classrooms and books sends a harmful message of shame and stigma that should not exist in schools.”

The groups said they are encouraged by the court’s “complete rejection of the state’s most dangerous argument.”

“The appeals court recognized that our student clients have been harmed by the law and have standing to sue,” Lambda Legal, the ACLU of Iowa and Jenner & Block said in their statement. “The court also rejected the state’s claim that banning books from libraries is a form of protected government speech.”

We went to court to defend the rights of Iowa schoolchildren and parents, and we won.

Iowa Attorney General Brenna Bird

Des Moines Register found that the law, which was in effect for a few months in 2023, led to the removal of districts nearly 3,400 books from schools, including some literary classics. Some books were returned to the shelves after the law was blocked by a lower court in late December.

Iowa Attorney General Brenna Bird called the ruling a victory.

“We went to court to defend the rights of Iowa schoolchildren and parents, and we won,” she said. “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 children have access to in schools when they are not around.”

Joshua Brown is president of the Iowa State Education Association, which was part of a second trial against the law in collaboration with Penguin Random House and some authors. He said he is disappointed by the court’s decision.

“Banning important books in our schools is a burden on our teachers, who will face punishment for not guessing which book fits into a presumed offensive category, and on our students, who will be deprived of reading from great writers with valuable stories ,” Brown said. “If Iowa’s elected leaders truly valued education professionals, they would leave important classroom decisions to local school districts and the experts who work in them — not turn what we teach our students into a game of political football.”

Back To Top