DES MOINES, Iowa — School districts in Iowa will be navigating a controversial education law at the beginning of this school year that has seen a back-and-forth battle in the courtroom over the past year.
The law removes all books depicting sex acts from school libraries, prevents educators from teaching and discussing gender identity and sexual orientation with students through sixth grade and requires teachers to notify parents if a student asks to change their pronouns or name.
The law was first signed in May 2023, but a lawsuit was filed against it and a district court judge placed a preliminary injunction on the law in December 2023, putting a pause on its enforcement.
The lawsuit argues the law violates first amendment rights and rights under the Equal Access Act.
On Friday, three federal appeals court judges lifted the injunction.
In the court's opinion, it says the temporary injunction was based on a "flawed analysis of the law."
The opinion says the interpretation from the district court around gender identity discussion in classrooms should be considered different before it can be interpreted in an "absurd way."
The court of appeals did say those filing the lawsuit still have standing to pursue their argument against the right to government speech in school libraries.
The appeals court also found one transgender student on the lawsuit has standing to sue after a district banned Gender and Sexualities Alliance (GSA) clubs for grades six and below.
Iowa Attorney General Brenna Bird described this ruling as a victory saying, “we want the court to defend Iowa’s schoolchildren and parental rights, and we won. This victory ensures age-appropriate books and curriculum in school classrooms and libraries. With this win, parents will no longer have to fear what their kids have access to in schools when they are not around.”
Governor Kim Reynolds also released a statement after the ruling, saying:
“Today, the US Court of Appeals for the Eighth Circuit confirmed what we already knew – it should be parents who decide when and if sexually-explicit books are appropriate for their children. Here in Iowa, we will continue to focus on excellence in education and partnerships with parents and educators.”
Those against the ruling also shared their thoughts. Iowa Safe Schools, who is a plaintiff on the lawsuit said today's decision is 'merely a delay.'
The Executive Director of Iowa Safe Schools, Becky Tayler said, "The Eighth Circuit has affirmed that our students have been harmed and are able to pursue this lawsuit. Furthermore, the court outright rejected the state’s radical claim that banning library books is “protected speech."
This ruling is coming just under two weeks before the first day of school, and the Iowa State Education Association is 'disappointed' in the decision.
"If Iowa’s elected leaders truly valued education professionals, they would leave important classroom decisions to the local school districts and the experts who work in them – not make that we teach our students a game of political football,” said Iowa State Education Association President Joshua Brown.
The lawsuit will now go back to the district court for its proceedings as this ruling was only on the preliminary injunction. The lawsuit for a permanent block on the law will continue in the district court.