DES MOINES, Iowa — Iowa cannot, for now, continue to enforce part of its book ban law, a federal judge said Tuesday, giving major publishers that sued the state the second temporary reprieve they requested.
The new decision from U.S. District Judge Stephen Locher again temporarily blocked the part of the law that prohibits school libraries and classrooms from carrying books that depict sex acts.
The law was first approved by Iowa’s Republican-led Legislature and GOP Gov. Kim Reynolds in 2023, but key parts, including the book ban, were temporarily blocked by Locher before they became enforceable. That decision was overturned in August by the U.S. Eighth Circuit Court of Appeals, meaning the law has been enforceable in the current school year.
The appellate court told the lower court that it failed to apply the correct analysis in determining whether to temporarily block the law. In his decision Tuesday, Locher stated that the unconstitutional applications of the book restrictions “far exceed” the constitutional applications “under both legal standards the Court believes are applicable.”
Expecting an appeal, Locher also included an alternative standard through which the restrictions could be considered constitutional. However, he added he does not believe it should be applied in this case.
The lawsuit was brought by the Iowa State Education Association, major publishing houses and bestselling authors, including John Green and Jodi Picoult. They argued that the law was overly broad and age indifferent, reaching “far beyond obscenity to prohibit any book with any description of a sex act for any age,” the complaint stated.
The state’s defense has maintained that the law clearly outlines explicit descriptions of sex acts. And arguing before Locher in February, the attorney representing Iowa said that the state, in its mission of educating children, has legitimate reason to ensure public school materials are appropriate.
The publishers and authors disagreed, arguing that while advancing the school mission is one purpose of school libraries, it’s not the sole purpose and that school libraries are places of voluntary learning.
In his decision, Locher agreed., writing that the law “does not regulate student speech or constitute ‘government speech’ but instead tries to impose statewide restrictions on what has traditionally been the prerogative of local officials regarding the contents of school libraries.” In addition to the book ban, the law forbids educators from raising gender identity and sexual orientation issues with students through grade six, and school administrators are required to notify parents if students ask to change their pronouns or names.
Iowa’s measure was enacted amid a wave of similar legislation around the country, driven by Republican lawmakers, to prohibit discussion of gender and sexual orientation issues and restrict the use of restrooms in schools. Many of those laws prompted court challenges.
In Iowa, a second lawsuit, filed by LGBTQ+ advocacy organization Iowa Safe Schools and several youth, additionally contests the provisions of the law prohibiting K-6 instruction related to sexual orientation and gender identity. A separate decision from Locher is expected to follow.
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