St. Paul, Minnesota – Today, the U.S. Court of Appeals for the Eighth Circuit sent a lawsuit challenging two provisions of Iowa’s SF 496—the book ban and “don’t say LGBTQ” provisions – back to a lower court, allowing the law to take effect just before students go back to school. The appeals court asked the district court to reconsider the law’s constitutionality in light of Moody v. Netchoice, a recent decision by the United States Supreme Court.
Lambda Legal, the ACLU of Iowa and Jenner & Block issued the following joint statement:
"Iowa families, and especially LGBTQ+ students who will again face bullying, intimidation, and censorship as they return for a new school year, are deeply frustrated and disappointed by this delay. Denying LGBTQ+ youth the chance to see themselves represented in classrooms and books sends a harmful message of shame and stigma that should not exist in schools. We are, however, encouraged by the Eighth Circuit’s complete rejection of the State’s most dangerous arguments, and we look forward to renewing our request for relief from this law’s damaging and unconstitutional effects on LGBTQ+ students. The appeals court acknowledged that our student clients have been harmed by the law and have the right to bring suit. The court also rejected the State’s claim that banning books in libraries is a form of protected government speech. We will ask the district court to block the law again at the earliest opportunity.”
Today’s ruling came in Iowa Safe Schools, et al v. Reynolds, filed by Lambda Legal, the ACLU of Iowa, and Jenner & Block on behalf of Iowa Safe Schools, a non-profit organization supporting LGBTQ and allied youth, and eight Iowa students and their families affected by the law. The students range from 4th to 12th graders and span the state. The Iowa law, which took effect last fall, seeks to silence LGBTQ+ students, erase any recognition of LGBTQ+ people from public schools, and ban books with sexual or LGBTQ+ content.