Iowa's LGBTQ+ Book Ban Upheld by Appeals Court

An appeals court has overturned lower court blocks on Iowa's law restricting LGBTQ+ topics in K-6 classrooms and banning certain books, allowing the state to enforce the measure while legal challenges continue.

The decision by the U.S. Eighth Circuit Court of Appeals vacates a federal judge's temporary blocks on the law, which was first approved by Republican majorities in the Iowa legislature and Governor Kim Reynolds in 2023. The law prohibits teachers from discussing gender identity and sexual orientation with students below sixth grade and bans books containing descriptions or visual depictions of six different sex acts from school libraries and classrooms.

The measure has been contested in court since its passage, with lawsuits filed by the Iowa State Education Association, major publishing houses, bestselling authors, and LGBTQ+ advocacy organization Iowa Safe Schools. In March 2024, a federal judge reissued a temporary block on the book ban provision, and in May, U.S. District Judge Stephen Locher ruled that while Iowa could restrict mandatory instruction on gender identity and sexual orientation, it could not enforce restrictions on 'program' or 'promotion,' terms he deemed too broad.

The appeals court sided with the state, stating that the restrictions are not amorphous and that books in a school library can be considered part of the school's curriculum. The ruling also noted that claims from authors and publishers that the law infringes on First Amendment rights will likely not hold up, as 'The First Amendment does not guarantee students the right to access books of their choosing at taxpayer expense.'

Opponents argue that the law is overly broad and vague, reaching far beyond obscenity to prohibit any book with any description of a sex act for any age. They also contend that libraries are places of voluntary learning, not existing exclusively to advance the school's educational mission. The appeals court decision comes as Trump's administration terminated agreements adopted under previous administrations that upheld rights and protections for transgender students.

The legal battle is expected to continue in the district court while the law remains in effect. Iowa's Republican Attorney General Brenna Bird called the decision 'a huge win for Iowa parents,' stating that it ensures schools are safe places for children to learn without being exposed to inappropriate sexual materials and philosophies. However, Nathan Maxwell, senior attorney at Lambda Legal, one of the legal organizations representing Iowa Safe Schools, described the law as 'cruel and unconstitutional' and vowed to continue fighting to protect LGBTQ+ students.