The U.S. Court of Appeals for the Eighth Circuit has ruled that Iowa can enforce a 2023 law restricting classroom instruction on LGBTQ+ topics and access to certain books while legal challenges against the law proceed.

On Monday, the three-judge panel overturned injunctions previously issued by lower courts in two separate lawsuits challenging aspects of the Senate File 496, according to the Associated Press and The Des Moines Register.

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Passed by the Iowa state legislature and signed by Republican Gov. Kim Reynolds in 2023, the law prohibits “any program, curriculum, test, survey, questionnaire, promotion, or instruction relating to gender identity or sexual orientation” in kindergarten through sixth grade. It also bans materials featuring “descriptions or visual depictions of a sex act” from school libraries and classrooms — a provision which critics say is intended to ban books featuring LGBTQ+ characters and themes.

The law went into effect on July 1, 2023. The following November, the ACLU of Iowa and Lambda Legal sued the state on behalf of LGBTQ+ advocacy organization Iowa Safe Schools and seven students and their families, challenging SF 496’s classroom instruction ban.

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Last May, a federal judge issued a split decision, upholding the law’s ban on discussion of gender identity and sexual orientation in K–6 classrooms, but blocking its ban on school “promotions” and “programs” that acknowledge the existence of LGBTQ+ people. U.S. District Judge Stephen Locher also blocked a provision of the law banning schools from providing “accommodation that is intended to affirm the student’s gender identity” without notifying their parents, writing that S.F. 496 was impermissibly vague about what constitutes an “accommodation.”

Writing for the Eighth Circuit on Monday, Judge Ralph Erickson held that the state’s interpretation of the law as requiring school “programs” and “promotions” to only encompass curricular activities does not violate the U.S. Constitution. However, the court did not address whether it is constitutionally permissible for the state to ban specific groups and extracurricular programs, such as Gender & Sexuality Alliance groups, because the Iowa Safe Schools lawsuit did not challenge specific applications of the law, according to the Register.  

The court also disagreed with Judge Locher’s ruling that the law’s language around “accommodations” was too vague, restoring S.F. 496’s ban on schools accommodating students’ gender identities without outing them to their parents.

In a separate November 2023 lawsuit, the Iowa State Education Association was joined by publisher Penguin Random House and several prominent authors of banned books in a challenge to S.F. 496’s book-banning provision. Last March, Judge Locher sided with the plaintiffs, issuing a preliminary injunction preventing schools from removing books it considers “obscene” from classrooms and libraries.

Again, writing for the Eighth Circuit in a separate decision Monday, Judge Erickson disagreed with Locher’s ruling that school library books are not part a school’s curriculum. Erickson wrote that a school’s library catalogue constitutes government speech and can be restricted by state law, according to the Register.

The decisions on both cases send them back to the district court. But as the Register notes, the Eighth Circuit indicated in both rulings that the plaintiffs could not show a “likelihood of success on the merits” in their challenges to S.F. 496.

At the same time, in a joint press release the ACLU of Iowa and Lambda Legal noted that the rulings narrow “where and how the law may be applied.”

“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,” ACLU of Iowa Senior Staff Attorney Thomas Story said.

“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,” Story added.

In a statement responding to the court’s decision, Iowa State Education Association president Joshua Brown told the Register that the case was “about much more than legal technicalities.”

“It is about protecting the freedom of speech and the right to share ideas — values guaranteed by the First Amendment,” Brown said. “Our schools should be safe spaces where students are free to learn, teachers can use their professional expertise without fear, and families can trust that education is based on open inquiry rather than government censorship.”

A spokesperson for Penguin Random House indicated in a statement to the Register that the company intends to keep fighting against S.F. 496. Similarly, Lambda Legal Senior Attorney Nathan Maxwell called the ruling “a setback,” but noted that “it is not the end of this fight.”

“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,” Maxwell said in a statement. “We will continue to use every legal tool available to protect these young people. They deserve nothing less.”

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