A federal judge has granted a temporary injunction blocking Iowa officials from enforcing a new state law aiming to remove books discussing gender identity or sexuality from classrooms. File Photo courtesy of Pixabay
Dec. 30 (UPI) — A federal judge has granted a temporary injunction blocking Iowa officials from enforcing a new state law aiming to remove books discussing gender identity or sexuality from classrooms.
U.S. District Court Judge for the Southern District of Iowa Stephen Locher ruled Friday that aspects of Senate File 496 were too broad, enjoining state officials from enforcing them when they were set to come into law on Jan. 1.
Other aspects of the law previously came into effect on July 1.
Penalties related to the law were also scheduled to take effect on Monday.
“The law 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,” Locher wrote in the 46-pager ruling.
“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. Indeed, the court has been unable to locate a single case upholding the constitutionality of a school library restriction even remotely similar to Senate File 496.”
Iowa lawmakers passed the so-called “don’t say gay” or “don’t say trans” bill in late April. Republican Gov. Kim Reynolds signed the bill into law on May 26.
In November, the non-profit American Civil Liberties Union and Lambda Legal filed a lawsuit against the state of Iowa over the new law, arguing it would cause “ongoing irreparable harm to LGBTQ+ students.”
At the time, the lawsuit asked the court to declare the legislation “unconstitutional and permanently blocked.”
Locher agreed in his ruling Friday, blocking two key aspects of Senate File 496, but denied part of the injunction motion that would have blocked schools from being required to notify parents if a student requests an accommodation relating to gender identity.
Reynolds issued a statement Friday, criticizing the court ruling.
“I’m extremely disappointed in today’s ruling. Instruction on gender identity and sexual orientation has no place in kindergarten through sixth grade classrooms,” the governor said in the 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. 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.”
The ACLU of Iowa, however, disputed Reynolds’ characterization, saying the suit has “nothing to do with obscene or pornographic material,” which are already prohibited by other state laws.
Rather, SF496 “does not protect students — it puts them in danger,” the group said in a statement. “This law targets books that reflect LGTBQ characters, and books that allow students to see themselves reflected in stories,” it said, adding, “It is fundamentally un-American for the government to ban thoughts and ideas.”