Case Summary
LWVIA and One Iowa filed an amicus brief in the US Court of Appeals for the Eighth Circuit supporting affirmance of a district court decision enjoining a LGBTQIA+ book ban and “don’t say gay” law in the state’s schools. The brief argued (1) the book ban illegally mandated the removal of books from shelves based on their viewpoint; (2) that the “don’t say gay” law would hurt LGBTQIA+ students and their families; and (3) that the laws were enacted as intentional discrimination.
On May 26, 2023, Iowa Governor Kim Reynolds signed SF496 into law. The bill contained the following provisions:
- A ban on any “program, curriculum, test, survey, questionnaire, promotion, or instruction relating to sexual orientation or gender identity” from kindergarten to the sixth grade (“don’t say gay” provisions);
- A requirement that all education in public schools be “age appropriate” for all grades, a definition which includes “descriptions” or “visual depictions” of a “sex act” except in health class, without stating whether any level of generality is acceptable;
- A ban on all books with descriptions of sex acts, except for certain religious texts, from being place in school libraries. Anonymous complaints by parents requesting removal of books are allowed (“book ban”);
- A requirement for schools to inform parents when a student asked to use a name or pronoun different than those listed in the school records.
Subsequently, on November 28, 2023, Iowa Safe Schools and several individual students filed a federal lawsuit in the United States District Court for the Southern District of Iowa, asserting the above provisions violated the First Amendment, the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution, and the federal Equal Access Act.
On December 29, 2023, the district court partially granted a preliminary injunction, enjoining the book ban and “don’t say gay” provisions of SF496. The state defendants subsequently appealed to the US Court of Appeals for the Eighth Circuit seeking to reverse the district court’s ruling.
On April 18, 2024, the League of Women Voters of Iowa ("LWVIA") and One Iowa filed an amicus brief urging affirmance of the preliminary injunction. LWVIA and its co-amicus stated that the book ban not only violated the First Amendment, but also, considering the legislative history behind its passage, directly targeted LGBTQIA+ students to reduce and remove their visibility in the classroom. The brief also argued the district court correctly rejected the state’s argument that the book ban was government speech and highlighted the disproportionate harm inflicted on LGBTQIA+ students by the “don’t say gay” provisions of SF496.
LWVIA was represented in this matter by RSH Legal.
LWV Timeline
SF496 is signed into law
Iowa Governor Kim Reynolds signs SF 496 into law. The bill contains “don’t say gay” provisions on instruction in kindergarten through sixth grade and book bans on certain books with descriptions of sex acts except for some religious texts, among others.
Plaintiffs file lawsuit
Iowa Safe Schools and several individual students file a federal lawsuit, asserting SF 496 violates the First Amendment, federal Equal Access Act, and Equal Protection Clause of the Fourteenth Amendment.
Plaintiffs file motion for preliminary injunction
The plaintiffs request the court issue a preliminary injunction enjoining the provisions at issue, on the grounds SF496 is unconstitutional on its face and as applied to the plaintiffs.
Federal court partially grants preliminary injunction
The United States District Court for the District of Southern Iowa partially grants a preliminary injunction, enjoining the enforcement of the book ban and “don’t say gay” provisions of SF 496.
Iowa appeals district court ruling
Iowa files an appeal of the preliminary injunction in the Eighth Circuit Court of Appeals.
LWVIA files amicus brief
LWVIA and One Iowa file an amicus brief in the Eighth Circuit Court of Appeals, urging the court to affirm the district court’s preliminary injunction.
US Court of Appeals for the Eighth Circuit stays case
The Eighth Circuit issues an order pausing proceedings in the case while the appeal of the preliminary injunction proceeds.
Eighth Circuit Court of Appeals lifts preliminary injunction
A three-judge panel of the Eighth Circuit Court of Appeals reverses the district court, lifting the preliminary injunction and allowing the enjoined provisions of SF 496 to go into effect. The opinion returns the case to the district court for further proceedings and allows plaintiffs to continue pursuing an injunction under a different legal analysis.
Plaintiffs renew motion for preliminary injunction
After the Eighth Circuit's decision, the plaintiffs file a renewed motion for a preliminary injunction, arguing that HF 496's provisions were violating their First Amendment rights, among other harms.
Plaintiffs file amended complaint
On remand, plaintiffs file an amended complaint asserting provisions of HF 496 on school libraries, discussing gender identity or sexual orientation, and reporting of students for expressing gender identity are unconstitutional under the First Amendment, Fourteenth Amendment, and Equal Access Act of 1984.
District court partially grants injunction on remand
The district court partially grants plaintiffs' a preliminary injunction. The ban on "detailed explanations" or "normative views" on gender identity and sexual orientation in mandatory instruction in grade six or under is upheld. Schools must allow students in sixth grade or below to join student groups like Gender Sexuality Alliances and teachers may advertise such groups. The requirement that schools notify parents when their child requests to be addressed with a different pronoun is upheld, but no notification is required for other requested accommodations of gender identity.
Iowa appeals second preliminary injunction
The defendants appeal the new preliminary injunction to the Eighth Circuit.
LWVIA files second amicus brief
LWVIA and One Iowa file a second amicus brief, pointing to the animus behind the passage of the law and the importance of a free and open school environment for students.
Eighth Circuit holds oral argument
A three-judge panel hears oral argument on Iowa's appeal of the district court's new preliminary injunction.
Eighth Circuit reverses second preliminary injunction
A three-judge panel reverses the trial court's preliminary injunction, ruling the plaintiffs were unlikely to succeed in their challenge to the ban on the "don't say gay" provisions, and that the requirement to notify parents when students asked to use a different name or pronoun was not unconstitutionally vague.
Plaintiffs request en banc rehearing
The plaintiffs ask the full Eighth Circuit Court of Appeals to rehear the case.
Eighth Circuit denies rehearing
The Eighth Circuit denies the plaintiffs' request for the full court of appeals to rehear the case.