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Book bans are ‘dangerous, insidious’

Movement to prohibit LGBTQ-specific material in libraries gains traction

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(Photo by Terri Schlichenmeyer)

The executive director of Equality Virginia this week reiterated her sharp criticism of efforts to ban books with LGBTQ-specific content.

“There is a dangerous, insidious trend developing in states around the country where innocuous and inclusive books are being removed from libraries and curricula, including and especially books and resources about LGBTQ+ people,” Narissa Rahaman told the Washington Blade on Tuesday in a statement. “We should not be pursuing book bans in a pluralistic democracy, but rather seeking to provide more information, more resources, more points of view for anyone seeking it out.” 

Robert Rigby, Jr., a spokesperson for FCPS Pride, a group that represents LGBTQ employees of the Fairfax County School District, echoed Rahaman.

“Libraries and are places where children can and should be welcomed, safe, respected and included. Books and librarians literally save lives,” Rigby told the Blade on Wednesday. “Practically, inclusive book and materials collections improve attendance, scores, graduation rates and well-being. FCPS Pride respects and trusts our professional librarians. They are heroes who make schools a better place for all.”

Rahaman and Rigby spoke with the Blade against the backdrop of continued efforts to ban books with LGBTQ-specific content as students return to the classroom in Virginia and around the country.

A group of parents who want the ability to allow their children to opt-out of classes in which books with LGBTQ-specific books are read have filed a federal lawsuit against the Montgomery County Board of Education and Montgomery County Public Schools Supt. Monifa McKnight. A hearing in the case took place in U.S. District Court in Greenbelt on Wednesday.

“The Montgomery County Board of Education took away parental notice and opt-outs for storybooks that advocate pride parades, gender transitioning and pronoun preferences for kids as young as pre-kindergarten,” said Becket, a conservative law firm that advocates for religious freedom, in a statement about the case. “Becket is helping a group of Muslim, Catholic and Ethiopian Orthodox parents who want to restore their ability to raise their children consistent with their faith.” 

NBC Washington on Tuesday reported Michelle Ross, director of the Samuels Public Library in Front Royal, Va., has resigned after she and her staff faced harsh criticism from a group that wants to ban books with LGBTQ-specific content. Donald “Mac” Scothorn, chair of the Botetourt County (Va.) Board of Supervisors, on July 31 proposed adult supervision for anyone under 18-years-old who visits the county’s four libraries.  

The Hillsborough County School District in Florida ahead of the 2023-2024 school year has prohibited teachers from teaching their students about William Shakespeare, citing the state’s “Don’t Say Gay” law that Republican Gov. Ron DeSantis signed. The Urbandale Community School District in Iowa has removed a Transportation Secretary Pete Buttigieg biography and nearly 400 other books from school libraries and classrooms.

“We even see extremists ban books and attempt to erase, and even rewrite, the ugly parts of our history,” said Vice President Kamala Harris in Orlando, Fla., on Aug. 1 in response to the Florida Board of Education’s new Black history curricula standards that suggest slavery had benefits. “Right here in Florida, they plan to teach students that enslaved people benefited from slavery. They insult us in an attempt to gaslight us, in an attempt to divide and distract our nation with unnecessary debates.”

A federal judge in Texas in April ordered Llano County officials return books — many of which had LGBTQ-specific content — they removed from their public libraries. 

Republican Arkansas Gov. Sarah Huckabee Sanders earlier this year signed a law that would have made it a crime for librarians and booksellers to provide access to books and other materials deemed “harmful to minors.” The statute was to have taken effect on Aug. 1, but a federal judge blocked it.

The College Board on Aug. 3 said the Florida Department of Education had effectively banned the teaching of Advanced Placement Psychology classes in the state’s schools because the course includes discussions about sexual orientation and gender identity. Florida Education Commissioner Manny Diaz, Jr., in a letter he sent to the Florida Association of District School Superintendents the following day said the course could be taught “in its entirety.”

California officials — Democratic Gov. Gavin Newsom, Attorney General Rob Bonta and State Superintendent of Public Instruction Tony Thurmond — in a June 1 letter to the state’s public school superintendents and charter school administrators told them not to ban books. The Prince George’s County Memorial Library System the day before announced the launch of its Rock Banned Book Club.

“Here in Virginia, we were founded in response to government overreach,” Rahaman told the Blade. “As this conversation moves throughout state legislatures, we’re hopeful that our founding principles and open society outweigh the fear-mongering from opportunistic politicians and government officials.” 

Brody Levesque and Christopher Kane contributed to this article.

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U.S. Supreme Court

Supreme Court upholds ACA rule that makes PrEP, other preventative care free

Liberal justices joined three conservatives in majority opinion

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The U.S. Supreme Court as composed June 30, 2022, to present. Front row, left to right: Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Samuel A. Alito, Jr., and Associate Justice Elena Kagan. Back row, left to right: Associate Justice Amy Coney Barrett, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, and Associate Justice Ketanji Brown Jackson. (Photo Credit: Fred Schilling, the U.S. Supreme Court)

The U.S. Supreme Court on Friday upheld a portion of the Affordable Care Act requiring private health insurers to cover the cost of preventative care including PrEP, which significantly reduces the risk of transmitting HIV.

Conservative Justice Brett Kavanaugh authored the majority opinion in the case, Kennedy v. Braidwood Management. He was joined by two conservatives, Chief Justice John Roberts and Justice Amy Coney Barrett, along with the three liberal justices, Sonia Sotomayor, Elena Kagan, and Ketanji Brown-Jackson.

The court’s decision rejected the plaintiffs’ challenge to the Affordable Care Act’s reliance on the U.S. Preventative Services Task Force to “unilaterally” determine which types of care and services must be covered by payors without cost-sharing.

An independent all-volunteer panel of nationally recognized experts in prevention and primary care, the 16 task force members are selected by the secretary of the U.S. Department of Health and Human Services to serve four-year terms.

They are responsible for evaluating the efficacy of counseling, screenings for diseases like cancer and diabetes, and preventative medicines — like Truvada for PrEP, drugs to reduce heart disease and strokes, and eye ointment for newborns to prevent infections.

Parties bringing the challenge objected especially to the mandatory coverage of PrEP, with some arguing the drugs would “encourage and facilitate homosexual behavior” against their religious beliefs.

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U.S. Supreme Court

Supreme Court rules parents must have option to opt children out of LGBTQ-specific lessons

Mahmoud v. Taylor case comes from Montgomery County, Md.

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Friday ruled that public schools must give advance notice to parents and allow them the opportunity to opt their children out of lessons or classroom instruction on matters of gender and sexuality that conflict with their religious beliefs.

Mahmoud v. Taylor was decided 6-3 along party lines, with conservative Justice Samuel Alito authoring the majority opinion and liberal Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown-Jackson in dissent.

Parents from diverse religious backgrounds sued to challenge the policy in Maryland’s Montgomery County Public Schools when storybooks featuring LGBTQ characters were added to the elementary school English curriculum in 2022.

The school board argued in the brief submitted to the Supreme Court that “the storybooks themselves do not instruct about gender or sexuality. They are not textbooks. They merely introduce students to characters who are LGBTQ or have LGBTQfamily members, and those characters’ experiences and points of view.”

Advocacy groups dedicated to advancing free speech and expression filed amicus briefs in support of the district.

PEN America argued the case should be viewed in the context of broader efforts to censor and restrict what is available and allowable in public schools, for instance by passing book bans and “Don’t Say Gay” laws.

The ACLU said the policy of not allowing opt-outs is religion-neutral, writing that the Supreme Court should apply rational basis review, which requires only that the school district show that its conduct was “rationally related” to a “legitimate” government interest.

LGBTQ groups also objected to the challenge against the district’s policy, with many submitting amici briefs including: the National Center for Lesbian Rights, GLAD Law, Family Equality, COLAGE, Lambda Legal, the Leadership Conference on Civil and Human Rights, PFLAG., and the National Women’s Law Center.

The Human Rights Campaign did not submit a brief but did issue a statement by the group’s President Kelley Robinson: “LGBTQ+ stories matter. They matter so students can see themselves and their families in the books they read–so they can know they’re not alone.”

“And they matter for all students who need to learn about the world around them and understand that while we may all be different, we all deserve to be valued and loved,” she said. “All students lose when we limit what they can learn, what they can read, and what their teachers can say. The Supreme Court should reject this attempt to silence our educators and ban our stories.”

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Federal Government

White House finds Calif. violated Title IX by allowing trans athletes in school sports

Education Department threatens ‘imminent enforcement action’

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California Gov. Gavin Newsom (D) (Washington Blade photo by Michael Key)

The Trump-Vance administration announced on Wednesday that California’s Interscholastic Federation and Department of Education violated federal Title IX rules for allowing transgender girls to compete in school sports.

In a press release, the U.S. Department of Education’s Office of Civil Rights threatened “imminent enforcement action” including “referral to the U.S. Department of Justice” and the withholding of federal education funding for the state if the parties do not “agree to change these unlawful practices within 10 days.”

The agency specified that to come into compliance; California must enforce a ban excluding transgender student athletes and reclaim any titles, records, and awards they had won.

Federal investigations of the California Interscholastic Federation and the state’s Department of Education were begun in February and April, respectively. The Justice Department sued Maine in April for allowing trans athletes to compete and refusing a similar proposal to certify compliance within 10 days.

Broadly, the Trump-Vance administration’s position is that girls who are made to compete against trans opponents or alongside trans teammates are unfairly disadvantaged, robbed of opportunities like athletics scholarships, and faced with increased risk of injury — constituting actionable claims of unlawful sex discrimination under Title IX.

This marks a major departure from how the previous administration enforced the law. For example, the Department of Education issued new Title IX guidelines in April 2024 that instructed schools and educational institutions covered by the statute to not enforce categorical bans against trans athletes, instead allowing for limited restrictions on eligibility if necessary to ensure fairness or safety at the high school or college level.

Sports aside, under former President Joe Biden the department’s Office of Civil Rights sought to protect against anti-LGBTQ discrimination in education, bringing investigations and enforcement actions in cases where school officials might, for example, require trans students to use restrooms and facilities consistent with their birth sex or fail to respond to peer harassment over their gender identity.

Much of the legal reasoning behind the Biden-Harris administration’s positions extended from the 2020 U.S. Supreme Court case Bostock v. Clayton County, which found that sex-based discrimination includes that which is based on sexual orientation or gender identity under Title VII rules covering employment practices.

A number of high profile Democrats, including California Gov. Gavin Newsom, have recently questioned or challenged the party’s position on transgender athletes, as noted in a statement by Education Secretary Linda McMahon included in Wednesday’s announcement.

“Although Gov. Gavin Newsom admitted months ago it was ‘deeply unfair’ to allow men to compete in women’s sports, both the California Department of Education and the California Interscholastic Federation continued as recently as a few weeks ago to allow men to steal female athletes’ well-deserved accolades and to subject them to the indignity of unfair and unsafe competitions.”

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