DES MOINES, Iowa — An appellate court has ruled that Iowa can enforce legislation restricting discussions on LGBTQ+ topics in kindergarten through the sixth grade and banning certain books from school libraries and classrooms. This decision overturns a previous temporary block by a lower court.
The law, backed by Republican majorities in Iowa’s legislature and signed by Governor Kim Reynolds in 2023, aims to ensure age-appropriate education. It has faced legal challenges from the Iowa State Education Association, major publishers, authors, and the advocacy group Iowa Safe Schools.
Initially, the law was active during the 2024-2025 school year but was partially blocked in March when a federal judge reinstated a temporary halt on the book ban. The U.S. District Judge, Stephen Locher, had also ruled in May that Iowa could limit mandatory instruction on gender identity and sexual orientation up to sixth grade but criticized the law’s vague terms regarding “program” or “promotion.”
The state’s appeal to the U.S. Eighth Circuit Court of Appeals was successful, allowing the law to be enforced as the case proceeds in district court.
“This is a huge win for Iowa parents,” said Iowa’s Republican Attorney General Brenna Bird. “Parents should always know that school is a safe place for their children to learn, not be concerned they are being indoctrinated with inappropriate sexual materials and philosophies.”
The Iowa legislation is part of a broader national trend led by Republican lawmakers to limit discussions of LGBTQ+ identities in schools. Many states have faced similar legal contests.
Book Ban’s Breadth Questioned
The law prohibits K-12 school libraries from including materials depicting six specific sex acts. While the state argues for clear restrictions to ensure educational appropriateness, opponents claim the law is excessively broad, potentially banning any book with a sex act description for any age group.
The appeals court sided with the state, reasoning that library books can be considered part of school curriculum, and thus, First Amendment challenges may not be valid.
The ruling stated, “The First Amendment does not guarantee students the right to access books of their choosing at taxpayer expense.”
Interpretation of Gender Identity Restrictions
The legislation also restricts any “program, curriculum, test, survey, questionnaire, promotion, or instruction” about gender identity or sexual orientation. The state claims this applies to mandatory curriculum, while critics argue the law is too ambiguous.
The appeals court supported the state’s interpretation, noting, “Reading the plain language, we cannot say the State’s assertion is wrong.”
The court vacated Judge Locher’s partial injunction that allowed student groups related to gender identity, like GSAs, to operate, and questioned the focus on “program” and “promotion.”
The appeals court ruled that the complaint from Iowa Safe Schools, which sought a ruling based on the law’s face value rather than specific rights infringements, is unlikely to succeed.
The court also upheld a requirement for school administrators to inform parents if a student opts to use a different pronoun or name at school.
Nathan Maxwell, senior attorney at Lambda Legal representing Iowa Safe Schools, stated the decisions are a setback but not the end of the legal battle. He criticized the law, saying it “silences LGBTQ+ children, erases their existence from classrooms, and forces educators to expose vulnerable students to potential harm at home.” Maxwell emphasized continuing legal efforts to protect affected students.
