Federal appeals court weighs challenge to Iowa ban on certain books from schools

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    DES MOINES, Iowa (KCCI) — In December, a federal judge blocked parts of an Iowa law that bans some books in school libraries and stops teachers from raising LGBTQ+ issues.

On Tuesday, a hearing was held in the 8th Circuit U.S. Court of Appeals about that injunction. The three-judge panel questioned attorneys for the state and plaintiffs, the American Civil Liberties Union and Penguin Books. They inquired whether it was appropriate for a facial challenge. That is a challenge to a statute in which the plaintiff alleges that the legislation is always unconstitutional, and therefore void.

The appeals judges asked if another way to pursue changes to the law would be legal actions with individual school boards that may not be following the law.

The hearing was only about the injunction. District Court Judge Stephen Locher halted enforcement of the law six months ago. Locher called the law “overly broad.”

The law, which the Republican-led Legislature and GOP Gov. Kim Reynolds approved early in 2023, bans books depicting sex acts from school libraries and classrooms and forbids teachers from raising gender identity and sexual orientation issues with students through the sixth grade.

The law remains confusing, a teachers’ group said.

“There’s a need for guidance in how to implement that law,” said Christy Hickman, general counsel for the Iowa State Education Association. “They don’t have that now.”

Hickman said Tuesday that there’s potential for the underlying law to hurt educators in several ways. They include complaints, loss of job, licensing risk and not being able to work as an educator, or letters of discipline.

Iowa Attorney General Brenna Bird also responded to Tuesday’s hearing: “Inappropriate books do not belong in the hands of school children. As a mom, I know how important it is for parents to have a say in what books and materials their kids have access to. Today, we made the case in court to defend Iowa’s law that protects kids, families, and parental rights. It is common sense.”

It is unclear when a decision will be made by the court.

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