Judge temporarily halts new Iowa law on school books, gender identity teaching

DES MOINES — Calling it “incredibly broad” and “wildly overbroad,” a federal judge Friday temporarily halted the implementation of most of a new Iowa state law that bans school books and curriculum with depictions of sex acts and prohibits the teaching of gender identity and sexual orientation through sixth grade.

The ruling means most of the new law cannot be enforced while the federal courts continue to hear legal challenges to its constitutionality.

Judge Stephen H. Locher, of the U.S. District Court in Iowa’s Southern District, in a ruling Friday halted parts of the law that prohibit books and curriculum with depictions of sex acts, as well as the prohibition on teaching gender identity or sexual orientation through sixth grade.

“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.

Locher left in place the portion of the law that requires educators to notify parents when a student asks to be called by different pronouns. Locher said the plaintiffs in the case lacked legal standing: Because the plaintiffs involved are already publicly LGBTQ, that portion of the law does not apply to them, Locher ruled.

12-29-23 - Order temporarily halting Iowa Law on School Books by The Gazette on Scribd

The new law was approved by only Republican state lawmakers and was signed into law by Republican Gov. Kim Reynolds. It went into effect July 1. Hundreds of books have been removed from Iowa schools as districts moved to comply with the new law.

The law’s enforcement measures, including possible disciplinary action for educators, were set to go into effect Monday.

On the grounds that it violates their First Amendment rights to free speech, the new state law was challenged by the ACLU of Iowa, the publishing company Penguin Random House Publishing, 16 LGBTQ students in Iowa, the LGBTQ advocacy organization Iowa Safe Schools and the Iowa State Education Association teachers union.

The arguments

Locher heard from attorneys representing the plaintiffs and the state during a three-hour hearing Dec. 22.

During that hearing, an attorney for the ACLU of Iowa argued the state law “represents the state exercising control over matters of opinion and thought,” and said LGBTQ students are “self-silencing” for fear of their teachers and other educators being punished under the new law. And an attorney for Penguin Random House called the law an “unprecedented assault on school libraries.”

‘Incredibly broad’

In its defense, the state suggested that some schools may be applying the law too broadly and argued that the law simply “keeps graphic depictions out of schools.”

In his ruling issued Friday, Locher said the portion of the law that bans books and curriculum with depictions of sex acts is “is incredibly broad and has resulted in the removal of hundreds of books from school libraries, including, among others, nonfiction history books, classic works of fiction, Pulitzer Prize winning contemporary novels, books that regularly appear on Advanced Placement exams, and even books designed to help students avoid being victimized by sexual assault.”

On the portion of the law that prohibits the teaching of gender identity and sexual orientation through sixth grade, Locher notes the law defines those terms in generic terms, meaning the law would apply to the teaching of all gender identity and sexual orientation, not just when it pertains to LGBTQ individuals.

“The law forbids programs, promotion, and instruction to students in those grades relating to ‘gender identity’ and ‘sexual orientation,’ but those terms are defined a neutral way that makes no distinction between cisgender or transgender identity or gay or straight relationships. Meaning: on its face, the law forbids any programs, promotion, or instruction recognizing that anyone is male or female or in a relationship of any sort (gay or straight),” Locher wrote.

“The statute is therefore content-neutral but so wildly overbroad that every school district and elementary school teacher in the State has likely been violating it since the day the school year started.”

Conversely, Locher also wrote that the law is being misunderstood at grades seventh and above. Locher noted because the law does not prohibit the teaching of gender identity or sexual orientation at those grades, there is no prohibition on the existence of gay-straight alliances in schools or on educators assisting those groups.

“Teachers and other licensed professionals are not restricted in any way from serving as advisers for such (gay-straight alliances), displaying rainbow flags, providing instruction on gay and transgender rights, and otherwise performing their responsibilities in a manner that emphasizes inclusiveness and respect for LGBTQ+ students in grades seven and above.

“Likewise, students in grade seven and above are free to engage in whatever forms of expression they wish, subject only to generally applicable restrictions that apply equally to all students,” Locher wrote. “To the extent school districts, teachers, or students have been interpreting the law otherwise, they are simply wrong.”

‘Disappointed’

Reynolds, in a statement, said she was “extremely disappointed” by the judge’s ruling.

“Instruction on gender identity and sexual orientation has no place in kindergarten through sixth grade classrooms,” she 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. 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.”

‘A big win’

  Buy Photo

Iowa State Education Association President Mike Beranek called the temporary implementation of the new law “a big win for education professionals, students, and parents.”

“When education professionals return to work next week, they can do what they do best: take great care of all their students without fear of reprisal,” Beranek said in a statement.

“We are incredibly proud of the thousands of education professionals and employees in Iowa’s public schools. This ruling means they can continue successfully guiding all students without fear of punishment or losing their jobs.”

The ACLU of Iowa also applauded the ruling in its statement, issued with its legal partner in the case, Lambda Legal.

“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,” Nathan Maxwell, senior attorney for Lambda Legal, said in the statement.

“This decision sends a strong message to the state that efforts to ban books based on LGBTQ+ content, or target speech that sends a message of inclusion to Iowa LGBTQ+ students, cannot stand.”

Comments: (515) 355-1300, erin.murphy@thegazette.com