A federal judge halted the implementation of most of an Iowa law that would ban books that depict “sex acts” and prohibit instruction regarding LGBTQ+ topics in kindergarten through sixth grade on Friday.
U.S. District Court Judge Stephen Locher temporarily blocked most of the law that would have gone into effect on Jan. 1 in the 46-page order. He declined to strike a section of the law requiring schools to notify parents if a student requests gender-affirming accommodations like going by a preferred name.
The order temporarily blocked the majority of Senate File 496 a law spearheaded by Iowa Gov. Kim Reynolds in the 2023 legislative session. The law passed with most Republicans supporting the measure in the Iowa House and Senate. Reynolds signed the law on May 26.
Locher said the law was “wildly broad” and that when defining “sex acts” in Iowa code, the law is defined in generic terms.
“The sweeping restrictions in Senate File 496 are unlikely to satisfy the First Amendment under any standard of scrutiny and thus may not be enforced while
the case is pending,” Locher wrote. “The Court has been unable to locate a single case upholding the constitutionality of a school library restriction even remotely similar to Senate File 496.”
The order is in response to two lawsuits filed by Iowa Safe Schools, an organization that advocates for LGBTQ+ youth in education, in collaboration with Lambda Legal and the American Civil Liberties Union of Iowa, and one of America’s largest book publishers Penguin Random House.
K-12 schools have struggled to interpret the law with no guidance being released by the Iowa Department of Education regarding the law. However, draft guidance has been discussed by the Iowa Board of Education at a December meeting of the board.
Iowa Gov. Kim Reynolds criticized the ruling in a news release on Friday evening. Reynolds said the law is “clearly defined” and she was “extremely disappointed” in the ruling.
“The fact that we’re even arguing these issues is ridiculous,” Reynolds said. “The real debate should be about why society is so intent on over-sexualizing our young children. It’s wrong, and I will continue to do my part to protect their innocence.”
Iowa Attorney General Brenna Bird, whose office argued the case in district court, echoed Reynolds’ disappointment with the district court decision.
“Sexually explicit books do not belong in our elementary-school libraries or classrooms,” Bird said in a Friday evening news release. “Not only is it common sense, it’s the law.”
Mike Beranek, president of the Iowa State Education Association, applauded the ruling and said that now Iowa educators can go about the new year without worrying about legal reprisal.
“We are incredibly proud of the thousands of education professionals and employees in Iowa’s public schools,” Beranek said.
Nathan Maxwell, senior attorney at Lambda Legal, an LGBTQ+ legal advocacy organization, said the district court’s ruling sends a strong message to the state.=
“We are glad our clients, Iowa families, and students will be able to continue the school year free from the harms caused by these parts of this unconstitutional law,” Maxwell said in a news release.
