The law’s provision banning instruction about sexual orientation and gender identity before seventh grade can also take effect as students are preparing to go back to school later this month.
The law was challenged in two lawsuits brought by LGBTQ advocates, a teacher’s union and book publishers, and was blocked by a lower court in late December.
A three-judge panel of the U.S. Court of Appeals for the Eighth Circuit reversed that temporary injunction Friday and said legal proceedings can continue in U.S. District Court.
U.S. Circuit Judge Ralph Erickson wrote the temporary injunction was "based on a flawed analysis of the law,” but left the door open to plaintiffs seeking another injunction with a different legal standard.
Republican Gov. Kim Reynolds signed the law last year.
“Today, the U.S. 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,” Reynolds said in a statement. “Here in Iowa, we will continue to focus on excellence in education and partnerships with parents and educators.”
Organizations behind one of the lawsuits — Lambda Legal, the ACLU of Iowa and Jenner & Block — said in a statement they will ask the district court to block the law again.
“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,” the statement reads. “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.”
The groups said they are encouraged by the court’s "complete rejection of the state’s most dangerous arguments.”
“The appeals court acknowledged that our student clients have been harmed by the law and have the right to bring suit,” Lambda Legal, the ACLU of Iowa and Jenner & Block said in their statement. "The court also rejected the state’s claim that banning books in libraries is a form of protected government speech.”
We went to court to defend Iowa’s schoolchildren and parental rights, and we won.Iowa Attorney General Brenna Bird
The Des Moines Register found the law, which was in effect for a few months in 2023, led districts to remove nearly 3,400 books from schools, including some literary classics. Some books were returned to shelves after the law was blocked by a lower court in late December.
Iowa Attorney General Brenna Bird called the ruling a victory.
"We went to court to defend Iowa’s schoolchildren and parental rights, and we won,” she said. "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.”
Joshua Brown is president of the Iowa State Education Association, which was part of a second lawsuit against the law in partnership with Penguin Random House and some authors. He said he is disappointed in the court’s decision.
"Banning essential books in our schools is a burden for our educators, who will face punishment for not guessing which book fits into a supposed offensive category, and for our students, who are deprived of reading from great authors with valuable stories,” Brown said. "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 what we teach our students a game of political football.”
