Des Moines, Iowa — Today Lambda Legal, the ACLU of Iowa, and the law firm Jenner & Block LLP, on behalf of Iowa Safe Schools, filed a new request asking the federal district court to again block SF 496, Iowa's book ban and "don't say LGBTQ" law.
That bill, enacted in May 2023, has resulted in the removal of thousands of books (many are listed here) from Iowa public schools, including many award winners and classics, including those by Nobel Prize winners Toni Morrison and William Faulkner. The law also bans in grade K-6 any discussion regarding sexual orientation or gender identity, which has suppressed how students are able to express themselves and the information they can receive at school, as well as whether they are able to form student groups around those topics on an equal basis to other groups. The law also requires educators to report to parents or guardians any request by a student to ho use non-cisgender identity, even when educators know that doing so will put that student at risk of homelessness or abuse. Students and teachers feel afraid to talk about themselves or their families if they or their parents are LGBTQ.
Iowa Safe Schools remains a client in the lawsuit.
Legal Background
In November 2023, the ACLU of Iowa and Lambda Legal filed a lawsuit to block the law. We were successful in getting key parts of the law blocked starting in January 2024. A number of schools put books they'd previously removed back on their shelves. However, the State of Iowa appealed the lower court’s decision, and the Eighth Circuit Court of Appeals lifted the injunction, directing the lower court to apply a new U.S. Supreme Court case in analyzing the parties’ arguments.
Now the ACLU and Lambda are filing a request for a new preliminary injunction, which addresses the new U.S. Supreme Court Case, Moody v. Netchoice. The renewed request also includes new plaintiffs in the lawsuit—two Iowa teachers affected by the bans.
Penguin Random House has filed a separate lawsuit to stop portions of the law relating only to the book ban.
Nathan Maxwell, Lambda Legal senior attorney, said, "This sweeping law aims to silence LGBTQ+ students and their families from classrooms, books, and history, with its vague language amplifying its chilling effect. Schools should be sanctuaries that protect all students, including LGBTQ+ students, allowing them to learn and thrive in a supportive environment. It sends the harmful message that LGBTQ+ kids are too shameful to be acknowledged, jeopardizing their mental health, physical safety, and overall well-being. This law increases the risk of bullying, violence, and even suicide among students. We reiterate that this unconstitutional law must be overturned."
Thomas Story, ACLU of Iowa attorney, said, "Today’s filings mark the beginning of the next stage in this lawsuit. SF 496 continues to threaten the safety and rights of LGBTQ+ students and erode the trust between them and their teachers. Until it is blocked again, this law will suppress the efforts of Iowa Safe Schools and its partners in education to secure an inclusive environment for all of Iowa’s public school students. Let teachers teach. Let kids read. We are proud to represent the brave students and teachers fighting for the right to read about and discuss LGBTQ+ topics freely."
Other Updates in the Lawsuit
Two clients have left the case. One, Puck Carlson, has graduated from high school so they are no longer impacted by the law. The other client, identified as Robert Smith to protect their privacy, has transferred to a private school.
Iowa Safe Schools remains a client in the case.
Becky Tayler, Iowa Safe Schools executive director, said, "SF 496 has resulted in increased instances of bullying and negative mental health outcomes among the students we serve. By supporting the policies enforced by SF 496, the State of Iowa is depriving students of valuable learning opportunities and undermining the principles of free expression—all while targeting marginalized youth.”
Dan Gutmann, Des Moines Public School 4th grade teacher (he/him) said, “SF 496 impacts lives, including my own as a 4th grade teacher and proud father. After its passage, I was told I couldn’t mention my husband to students, forcing me to choose between my identity and my calling. Though this decision was later reversed, it revealed the harmful uncertainty this law creates for LGBTQ+ educators like me. We deserve the right to teach authentically, without fear of being silenced or erased.”
Alyson Telford, Des Moines Public School 7th grade teacher (she/her) said, “As a teacher for 11 years, I've witnessed the transformative power of acceptance for middle school students. SF 496 threatens to shatter that trust by forcing educators to choose between protecting our students and following a law that endangers their well-being. When students come to us seeking understanding, especially about their gender identity, being required to report them before they are ready can have devastating consequences at home. This law doesn’t protect children—it puts them at risk, and it penalizes teachers for trying to be the supportive adults they desperately need."
