DES MOINES, Iowa — An Iowa judge granted an injunction on parts of Gov. Kim Reynolds' sweeping education bill Friday, preventing educators from facing punishment if some of the law's newest guidelines are not followed.
District Judge Stephen H. Locher granted temporary injunctions relating to book restrictions, as well as restrictions on "programs, promotion and instruction relating to gender identity and sexual orientation."
However, Locher denied placing an injunction on part of the education law which requires school districts to report a student's request to change their name or pronouns to their parents.
In blocking some parts of the law, Locher noted the restrictions on school materials under the education law are "unlikely to satisfy the First Amendment under any standard of scrutiny".
"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 part.
Locher also wrote that the portion of the law which restricts instruction on gender identity and sexual orientation does not only apply to LGBTQ+ students, but to straight, cisgender students as well. Locher writes in part, "The statute is therefore content-neutral but so wildly overbroad that every school district and elementary school teacher in the State has likely been violating it since the day the school year started."
Under the temporary injunctions, restrictions on books and classroom instruction on gender identity and sexual orientation cannot be enforced.
However, as guidelines regarding pronoun and name change notifications remain unchanged, this part of the law remains enforceable.
"Only the GLBT Youth Student Plaintiffs challenge this portion of the law, but they are all already 'out' to their families and therefore not affected in a concrete way by this requirement," Locher wrote in part.
The injunction is the result of two separate lawsuits against the state of Iowa, both intending to pause the effects of proposed guidelines approved earlier this fall: GLBT Task Force v. Reynolds and Penguin Random House v. Reynolds.
Reynolds reacted to the injunctions in a statement, saying she was "extremely disappointed" by the judge's decision.
"Instruction on gender identity and sexual orientation has no place in kindergarten through sixth grade classrooms. 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," Reynolds wrote. "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.”
Opponents of the law also weighed in on the judge's decision. In a statement to Local 5, the Iowa State Education Association said in part, "This is a big win for education professionals, students, and parents. . . when education professionals return to work next week, they can do what they do best: take great care of all their students without fear of reprisal."
Nathan Maxwell, senior attorney for Lambda Legal, also issued a statement, writing, "This decision sends a strong message to the state that efforts to ban books based on LGBTQ+ content, or target speech that sends a message of inclusion to Iowa LGBTQ+ students cannot stand. Lambda Legal and the ACLU of Iowa will continue our fight to ensure Iowa schools are safe for LGBTQ+ students.”
Read the full order here
What lawsuits were filed against Reynolds' education law?
In the GLBT Task Force v. Reynolds suit, Iowa Safe Schools and the ACLU of Iowa asked Locher to place a block on the law because it allegedly violates the 1st and 14th Amendments and the right to receive information, according to ACLU of Iowa Staff Attorney Thomas Story.
He also added the law is overbroad and vague in its language, and argued the law discriminates against LGBTQ+ students.
The second case, headed by the Iowa State Education Association and Penguin Random House, targeted the specific provisions of the law prohibiting books that depict "sex acts" from being in Iowa school libraries.
On Dec. 22, the plaintiffs said the education law omits obscenity and violates constitutional rights. They also mentioned educators they have spoke with have asked for guidance and clarity with the law, and said it's "vagueness" leads the legal team to believe a pause on the state law is "necessary."
Iowa educators Alyson Browder, Mari Butler, and Daniel Gutmann are key plaintiffs in the second case. They believe the law takes away constitutional rights from students.
“When it comes to our state house, Governor Reynolds and republican legislature, we have a constitution," Guttman told Local 5. "You cannot target the LGBTQ community, and I hope that message is loud and clear.”
Some educators like Browder, who teaches seventh grade English in Norwalk, have refused to remove certain books from their shelves for months.
"I just had moral issues with it where I'm like, as a teacher, I refuse to take these books off my shelves," Browder said.
Butler, a K-12 librarian for the Perry Community School District, told Local 5 that the temporary injunction will bring teachers relief as they head into a new semester.
"A lot of school districts are operating on fear because they don't want to get in trouble and have penalties from the state," Butler said. "Now, we can try to review what is being done here."
How long will the education law injunction last?
A temporary injunction is just that — temporary.
The injunction and its effects could last weeks, months or even years, depending on how court proceedings continue. If all parties involved were to ask for repeated motions and responses, future hearings were rescheduled or any appeals were filed in the the cases, the injunction could be prolonged indefinitely.
Drake University Law Professor Sally Frank told Local 5 she expects the state of Iowa to file an appeal as soon as possible, likely around Tuesday, Jan. 2 due to the weekend and New Year's Day.
The appeal would be heard in the United States Court of Appeals for the Eighth Circuit, which covers Iowa and six other Midwestern states.
If the state of Iowa does file an appeal in the Eighth Circuit and win that appeal, then the plaintiffs could appeal to the U.S. Supreme Court, which would decide whether to hear the case.