The Eighth Circuit Court of Appeals today ruled against the preliminary injunction that had temporarily blocked key provisions of Iowa’s SF 496, a multi-part law that bans books with sexual content from K–12 school libraries and prohibits mention of LGBTQ+ identities in K–6 classrooms. It also forces school staff to out transgender students to their parents regardless of the safety risks involved.
The law is the subject of two separate lawsuits that contested different parts of the law. One was filed by Lambda Legal, the ACLU of Iowa, and Jenner & Block on behalf of Iowa Safe Schools. The other was filed by Penguin Random House.
Previously, an injunction issued by the U.S. District Court for the Southern District of Iowa had temporarily shielded students, teachers, and Iowa Safe Schools from enforcement of parts of the law while litigation proceeds. Today’s ruling vacates that earlier preliminary injunction. However, it’s important to note that although today’s ruling allows the law to go into effect, it also narrows where and how the law may be applied.
See a timeline of the litigation here.
“This ruling is a setback, but it is not the end of this fight,” said Nathan Maxwell, Senior Attorney at Lambda Legal. “Iowa’s SF 496 is a cruel and unconstitutional law that silences LGBTQ+ children, erases their existence from classrooms, and forces educators to expose vulnerable students to potential harm at home. We will continue to use every legal tool available to protect these young people. They deserve nothing less.”
Background
SF 496 was signed into law in May 2023. Lambda Legal, the ACLU of Iowa, and Jenner & Block filed suit in November 2023 on behalf of several impacted Iowa students and their families, two Iowa public school teachers, and Iowa Safe Schools, a nonprofit that supports LGBTQ+ and allied youth.
The three provisions they are contesting are:
- A K–12 ban on all books containing descriptions or depictions of a sex act
- A K–6 “don’t-say-LGBTQ” provision that prohibits any program, curriculum, test, survey, questionnaire, promotion, or instruction relating to “gender theory” or sexual orientation, which could effectively ban acknowledgment of LGBTQ+ students or families
- A forced outing provision requiring teachers and school staff to report any accommodation meant to affirm a student’s gender identity to their parents or guardians, regardless of whether doing so could put the student at risk of abuse, homelessness, or other harm
Thomas Story, ACLU of Iowa Senior Staff Attorney, emphasized that the law, for now, can go into effect only in certain, more narrow ways than previously interpreted. For example, “the prohibition regarding sexual orientation and so-called gender theory applies only to specific, mandatory instruction on these topics during class time. The law, as currently interpreted, does not require schools to prohibit student expression of LGBTQ+ identity nor does it limit the sponsorship or promotion of GSAs.”
Also, Story added, “The court’s interpretation of the provision on banning books is that it applies only to those that specifically describe or depict one of those sex acts defined in Iowa’s criminal law. And with the forced outing provision, a report would be made to parents or guardians only if a student specifically requests a school accommodation for the stated purpose of affirming a gender identity different from their registration forms.”
“To be clear, all of this is still contrary to students’ best interests, their education, and, in the case of forced outing, their safety. All of this is still unconstitutionally vague and overbroad. While this case proceeds, students, teachers, and parents should be wary of any person or official who attempts to use SF496 as an excuse for discrimination,” Story said.
You can read the opinions here:
Iowa Safe Schools link: https://lambdalegal.org/legal_document/iowa-safe-schools_ia_20260406_opinion/
Penguin link: https://lambdalegal.org/legal_document/iowa-safe-schools_ia_20260406_opinion-penguin/
More information about the case is available here: https://lambdalegal.org/case/iowa-safe-schools-v-reynolds/