Judge to rule by Jan. 1 on new Iowa law prohibiting sexual depictions in school materials

DES MOINES — A federal judge said he will rule by Jan. 1 whether to halt implementation and enforcement of Iowa’s new state law that prohibits the teaching of gender identity and sexual orientation through sixth grade and requires the removal of any school materials that depict sex acts.

Judge Stephen H. Locher, of the U.S. District Court in Iowa’s Southern District, gave himself the New Year’s deadline for his ruling after a hearing Friday at the U.S. District Courthouse.

During the roughly three-hour hearing, Locher heard arguments from attorneys in two separate lawsuits that are challenging the new state law: from the plaintiffs, the ACLU of Iowa and Penguin Random House Publishing, and from the state of Iowa.

The ACLU of Iowa and Penguin Random House are arguing the new state law is unconstitutional because it violates the free speech of their plaintiffs, which include LGBTQ students, the LGBTQ advocacy organization Iowa Safe Schools, the Iowa State Education Association teachers union and the publishing company. They have asked the court to enjoin the new law, which would stop its implementation.

The law, Senate File 496, passed the Iowa Legislature with only Republican support and was signed into law by Republican Gov. Kim Reynolds. It has resulted in the removal of books from school libraries.

Arguments against

Thomas Story, an attorney for the ACLU of Iowa, argued Friday that the state law “represents the state exercising control over matters of opinion and thought.” He said LGBTQ students are “self-silencing” for fear of the new law, which includes punishments for teachers and other educators who violate the law.

Under the law, the first violation calls for a warning and subsequent violations could put the educator before the Iowa Board of Educational Examiners, which handles educator licensing and which could consider disciplinary action.

“They know they can’t go to their teacher,” Story argued, adding that the new law has “chilled” students’ free speech.

Story also argued that whenever advocates for the law cite examples of graphic content they believe should be banned from schools, they only use examples that depict sexual acts between LGBTQ characters or individuals, never depictions of heterosexual sex acts.

Story also argued the law is too vague, which has created confusion among school leaders about what content is allowed in school curriculum and libraries and what is prohibited.

Arguments for

Supporters of the law have pushed back on that argument since it was being moved through the legislative process.

Daniel Johnston, an assistant attorney general arguing on behalf of the state, continued that defense during Friday’s hearing. He said some school districts may be misinterpreting the law by applying it too broadly.

“The law keeps graphic depictions out of schools,” Johnston said.

Friday’s hearing and accompanying legal filings revealed the state’s position that the section of the law that prohibits the teaching of gender identity and sexual orientation through sixth grade does not apply to library materials, only classroom curriculum.

“It would have been nice if the state would tell everybody that a long time ago,” Story said to reporters after the hearing.

Johnston also conceded to Locher, the judge, that a teacher who reads to students a book that includes gay characters would be in violation of the law, because that would be considered classroom curriculum.

Locher at times appeared sympathetic to educators who say the new law is too vague and unclear, and who fault the state for not providing specific guidance to help schools comply with the law.

Locher also pushed back at Story, challenging the argument that the law discriminates against LGBTQ students.

“It’s one of the most bizarre laws I’ve ever read in my life,” Locher said. “But it is content neutral.”

Publisher

Attorney Fred Sperling, arguing on behalf of Penguin Random House, called the law an “unprecedented assault on school libraries.”

He argued to the court that the law was written too broadly, and as evidence noted that the law would ban from schools any book that contains a description of the law — since the law defines and thus describes sex acts.

Sperling is from the national law firm, ArentFox Schiff. Among his clients is professional basketball great Michael Jordan.

Most of the new Iowa law went into effect this summer. But the punishments for educators who violate the law are set to go into effect Jan. 1. Locher said he will provide his ruling on or before that date.

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