On Friday, Jude Stephen Locher, U.S. District Court for the Southern District of Iowa, issued a preliminary injunction temporarily halting key provisions of a new state law preventing books depicting graphic sex acts from being made available in school libraries.
The law, which was passed by the Republican-led Legislature and signed by Governor Kim Reynolds earlier this year, was slated to take effect on January 1. The legislation was similar to Florida's Parental Rights in Education Act. Not only did it prevent graphic pornography from being made available in schools, but it also restricted teachers from discussing sexual orientation and gender identity with young kids.
The judge's order specifically blocked the enforcement of two significant components of the law. Firstly, it prevented the prohibition of books depicting sexual acts in school libraries and classrooms. Secondly, it put a halt to the restriction that forbade teachers from addressing gender identity and sexual orientation issues with students up to the sixth grade.
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The judge argued the book ban is "incredibly broad" and claimed it resulted in history books, classics, award-winning novels, and “even books designed to help students avoid being victimized by sexual assault" being removed from schools. Additionally, the judge found fault with the provision restricting discussions on "gender identity" and "sexual orientation" in elementary schools, deeming it "wildly overbroad." Governor Reynolds conveyed her disappointment with the ruling in a statement.
Gov. Reynolds blasted the decision by Lochner, who was appointed to the bench by Joe Biden last year.
“Instruction on gender identity and sexual orientation has no place in kindergarten through sixth grade classrooms,” Reynolds said in a statement. “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.”
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Disturbingly, the president of the Iowa State Education Association, Mike Beranek, praised Lochner's ruling. “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,” he claimed.
The judge let stand a requirement that school administrators notify parents if their child asks to change their pronouns or name, saying the plaintiffs did not have standing.
Iowa's measure is part of a wave of similar legislation across the country. Typically backed by Republican lawmakers, the laws seek to prohibit discussion of gender and sexual orientation issues, ban treatments such as puberty blockers for transgender children, and restrict the use of restrooms in schools. Many have prompted court challenges.
Opponents of the Iowa law filed two lawsuits. One is on behalf of the organization Iowa Safe Schools and seven students, represented by the American Civil Liberties Union of Iowa and Lambda Legal. The other is by the Iowa State Education Association, publisher Penguin Random House and four authors.
The first lawsuit argues the measure is unconstitutional because it violates students’ and teachers’ free speech and equal protection rights. The second, which focused more narrowly on the book bans, argues the law violates the First and 14th amendments.
As Gov. Reynolds noted, It's hard to understand why we are even having this conversation. Heck, it is hard to understand why such a law was necessary in the first place. Why is protecting the innocence of children a partisan issue?
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