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16:53

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 * Education
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CIVIL RIGHTS GROUPS TRY AGAIN TO BLOCK IOWA’S BOOK LAW

BY: ROBIN OPSAHL - OCTOBER 21, 2024 4:53 PM



Iowa civil rights organizations are trying again to block a state law that bars
certain books from school libraries. (Photo by Max McCoy/Kansas Reflector)

Lambda Legal and American Civil Liberties Union of Iowa have filed a new request
for the courts to block Iowa’s law that bars certain books from school
libraries.

The two organizations are again challenging Senate File 496, the 2023 Iowa law
that prohibits school libraries from having books containing sexually explicit
material and limits instruction and materials involving gender and sexuality for
K-6 students.

The organizations also filed suit against the law last year on behalf of Iowa
Safe Schools and several other plaintiffs, calling it a “don’t say LGBTQ+” law
and book banning measure. The law also requires schools to inform parents or
guardians if a student requests the use of a different name or pronouns than
what they were assigned at birth.

In January 2024, U.S. District Court Judge Stephen Locher blocked the law from
enforcement. But that injunction was lifted in August, when a three-person panel
of federal appeals court judges ruled that the previous decision was made using
a “flawed analysis of the law.”

The new court filing made Friday requests that the law be once again blocked
from enforcement through a new, separate preliminary injunction. The basis for
the renewed request cites a new U.S. Supreme Court case, Moody v. Netchoice,
challenging the law using the “overbreadth doctrine.” This doctrine is a tool
for courts to weigh whether a law is ambiguously written in a way that could
restrict both protected and non-protected speech.

Thomas Story, a staff attorney for the ACLU of Iowa, said the new case seeks to
“establish that these laws have a massive scope that covers many actors doing
many different things, and that these provisions are unconstitutional in
substantially greater number of those applications than any potential
constitutional application of that law.”

According to an analysis from the Des Moines Register, more than 1,000 books
have been taken off of school shelves due to the law. However, there is
ambiguity about whether some of the pulled books could remain at schools. Iowa
Department of Education did not grant requests from educators in 2023 to clarify
which materials would be considered “age-appropriate” under the law, saying
instead the department would address allegations of noncompliance on a
case-by-case basis.

School have criticized this approach, saying the lack of information and clear
guidelines on how to implement the law has led to school districts removing
books out of fears of breaking the law, potentially limiting students’ access to
materials that are not explicitly prohibited.

Classic literature including “Slaughterhouse Five” by Kurt Vonnegut and “To Kill
a Mockingbird” by Harper Lee have been removed from some Iowa school districts,
in addition to a large number of books related to LGBTQ+ issues and race, like
“Gender Queer” by Maia Kobabe, “All Boys Aren’t Blue” by George M. Johnson and
“The Absolutely True Diary of a Part-Time Indian” by Sherman Alexie.

There were also changes made to the plaintiffs as part of the new injunction
request. Two Iowa teachers affected by the bans were added to the lawsuit, while
two students — one who graduated from high school, and another who transferred
to a private school, left the case as they were no longer impacted by the law.
Iowa Safe Schools remains a plaintiff in the case.

Dan Gutmann, a Des Moines 4th grade teacher, said he joined the lawsuit  because
he was told by school administrators that he could not mention his husband and
family in the presence of students due to the law.

“This was the hammer coming down on me,” Gutmann said. “All LGBTQ+ educators
fear that we would be forced to choose between leaving our calling or returning
to the closet. I didn’t have to wonder anymore how this would look, sound and
feel to be told mention of my family is forbidden by law from our schools.”

The request for a renewed preliminary injunction will be taken up in U.S.
District Court, where the previous injunction was granted. Attorneys said there
have not yet been discussions on scheduled hearings and arguments for the new
action, but that the latest filing represents a new chapter in efforts to
overturn the law.

“These filings mark the beginning of the next stage in this lawsuit,” Story
said. “(The law) continues to threaten the safety and the rights of LGBTQ+
students, and erode the trust between them and their teachers. Until it is
blocked again, this law will suppress the efforts of Iowa Safe Schools and its
partners in education to secure an inclusive environment for all of Iowa’s
public school students.”


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ROBIN OPSAHL

Robin Opsahl is an Iowa Capital Dispatch reporter covering the state Legislature
and politics. They have experience covering government, elections and more at
media organizations including Roll Call, the Sacramento Bee and the Wausau Daily
Herald.

Iowa Capital Dispatch is part of States Newsroom, the nation’s largest
state-focused nonprofit news organization.

MORE FROM AUTHOR

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CIVIL RIGHTS GROUPS TRY AGAIN TO BLOCK IOWA’S BOOK LAW

by Robin Opsahl, Iowa Capital Dispatch
October 21, 2024

<h1>Civil rights groups try again to block Iowa’s book law</h1> <p>by Robin
Opsahl, <a href="https://iowacapitaldispatch.com">Iowa Capital Dispatch</a> <br
/>October 21, 2024</p> <p>Lambda Legal and American Civil Liberties Union of
Iowa have filed a new request for the courts to block Iowa’s law that bars
certain books from school libraries.</p> <p>The two organizations are again
challenging <a
href="https://www.legis.iowa.gov/legislation/BillBook?ga=90&ba=SF496">Senate
File 496</a>, the 2023 Iowa law that prohibits school libraries from having
books containing sexually explicit material and limits instruction and materials
involving gender and sexuality for K-6 students.</p> <p>The organizations also
filed suit against the law last year on behalf of Iowa Safe Schools and several
other plaintiffs, calling it a “don’t say LGBTQ+” law and book banning measure.
The law also requires schools to inform parents or guardians if a student
requests the use of a different name or pronouns than what they were assigned at
birth.</p> <p>In January 2024, U.S. District Court Judge Stephen Locher blocked
the law from enforcement. But that <a
href="https://iowacapitaldispatch.com/2024/08/09/injunction-lifts-on-iowa-law-restricting-books-in-k-12-school-libraries/">injunction
was lifted in August,</a> when a three-person panel of federal appeals court
judges ruled that the previous decision was made using a “flawed analysis of the
law.”</p> <p>The new court filing made Friday requests that the law be once
again blocked from enforcement through a new, separate preliminary injunction.
The basis for the renewed request cites a new U.S. Supreme Court case, <a
href="https://www.supremecourt.gov/opinions/23pdf/22-277_d18f.pdf">Moody v.
Netchoice</a>, challenging the law using the “overbreadth doctrine.” This
doctrine is a tool for courts to weigh whether a law is ambiguously written in a
way that could restrict both protected and non-protected speech.</p> <p>Thomas
Story, a staff attorney for the ACLU of Iowa, said the new case seeks to
“establish that these laws have a massive scope that covers many actors doing
many different things, and that these provisions are unconstitutional in
substantially greater number of those applications than any potential
constitutional application of that law.”</p> <p>According to an <a
href="https://www.desmoinesregister.com/story/news/education/2024/06/13/iowa-book-ban-battle-the-story-behind-sweeping-ban-george-orwell-margaret-atwood-john-green/74071601007/">analysis
from the Des Moines Register,</a> more than 1,000 books have been taken off of
school shelves due to the law. However, there is ambiguity about whether some of
the pulled books could remain at schools. Iowa Department of Education <a
href="https://iowacapitaldispatch.com/2023/08/03/iowa-department-of-education-does-not-commit-to-clarifying-k-12-book-restriction-rules/">did
not grant requests from educators in 2023</a> to clarify which materials would
be considered “age-appropriate” under the law, saying instead the department
would address allegations of noncompliance on a case-by-case basis.</p>
<p>School have criticized this approach, saying the lack of information and
clear guidelines on how to implement the law has led to school districts
removing books out of fears of breaking the law, potentially limiting students’
access to materials that are not explicitly prohibited.</p> <p>Classic
literature including “Slaughterhouse Five” by Kurt Vonnegut and “To Kill a
Mockingbird” by Harper Lee have been removed from some Iowa school districts, in
addition to a large number of books related to LGBTQ+ issues and race, like
“Gender Queer” by Maia Kobabe, “All Boys Aren’t Blue” by George M. Johnson and
“The Absolutely True Diary of a Part-Time Indian” by Sherman Alexie.</p>
<p>There were also changes made to the plaintiffs as part of the new injunction
request. Two Iowa teachers affected by the bans were added to the lawsuit, while
two students — one who graduated from high school, and another who transferred
to a private school, left the case as they were no longer impacted by the law.
Iowa Safe Schools remains a plaintiff in the case.</p> <p>Dan Gutmann, a Des
Moines 4th grade teacher, said he joined the lawsuit  because he was told by
school administrators that he could not mention his husband and family in the
presence of students due to the law.</p> <p>“This was the hammer coming down on
me,” Gutmann said. “All LGBTQ+ educators fear that we would be forced to choose
between leaving our calling or returning to the closet. I didn’t have to wonder
anymore how this would look, sound and feel to be told mention of my family is
forbidden by law from our schools.”</p> <p>The request for a renewed preliminary
injunction will be taken up in U.S. District Court, where the previous
injunction was granted. Attorneys said there have not yet been discussions on
scheduled hearings and arguments for the new action, but that the latest filing
represents a new chapter in efforts to overturn the law.</p> <p>“These filings
mark the beginning of the next stage in this lawsuit,” Story said. “(The law)
continues to threaten the safety and the rights of LGBTQ+ students, and erode
the trust between them and their teachers. Until it is blocked again, this law
will suppress the efforts of Iowa Safe Schools and its partners in education to
secure an inclusive environment for all of Iowa’s public school students.”</p>
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