On a recent Friday, a U.S. District Court Judge issued a temporary suspension of certain aspects of a new law in Iowa. This law, which was to become operational from January 1, had already led to the exclusion of numerous books from educational institutions in the state.
The legislation, endorsed by the state’s Republican-majority legislature and Governor, aimed to prohibit the presence of books illustrating sexual acts in school libraries and classrooms. Additionally, it restricted educators from discussing topics related to gender identity and sexual orientation with students up to the sixth grade. The judge’s injunction specifically targets these two elements of the law.
Judge Locher, presiding over the case, criticized the law for its extensive scope, noting its impact on the removal of historical texts, literary classics, and even books designed to educate about sexual assault prevention. He expressed doubts about the law’s compliance with constitutional free speech principles.
Furthermore, the judge objected to the law’s prohibition on discussing gender identity and sexual orientation in elementary education, describing it as excessively broad.
Educational professionals in Iowa welcomed the court’s decision. Mike Beranek, head of the Iowa State Education Association, praised the ruling, emphasizing that educators can now focus on their responsibilities without fear of repercussions.
While Governor Reynolds’ office had yet to respond to the injunction, the judge did uphold a part of the law. This section mandates that school authorities inform parents if a student requests to change their name or pronouns, citing the lack of standing from the plaintiffs on this matter.
This Iowa law is among numerous similar statutes proposed or enacted across the United States, primarily by Republican legislators. These laws typically aim to limit discussions on gender and sexual orientation, restrict medical treatments like puberty blockers for transgender youth, and regulate bathroom use in schools. Many of these laws have faced legal challenges.
Two lawsuits oppose the Iowa law. One, representing Iowa Safe Schools and seven students, is led by the American Civil Liberties Union of Iowa and Lambda Legal. The other, involving the Iowa State Education Association, publisher Penguin Random House, and four authors, focuses primarily on the book ban. This second lawsuit claims the law infringes on First Amendment rights and the equal protection clause of the 14th Amendment.
The plaintiffs’ attorneys argue that the law is vague and expansive. In a hearing on December 22, a representative from the Iowa attorney general’s office suggested that the law’s application regarding book removal was overly broad, advising educators to adhere more closely to the state’s specific definition of a sexual act when evaluating books.
