California bans anti LGBT+ book bans at public libraries
California Gov. Gavin Newsom (D) Photo: Shutterstock
California Gov. Gavin Newsom, a Democrat, has signed Assembly Bill 1825 (the California Freedom to Read Act). The law forbids any state-funded public libraries from removing books or refusing to purchase books based on their “views, ideas, or opinions.”
“Book-banning proponents are disproportionately targeting materials containing the voices and lived experiences of LGBTQ and communities of color,” said the law’s author, Assemblymember Al Muratsuchi (D). “We need to fight this movement to ensure that Californians have access to books that offer diverse perspectives from people of all backgrounds, ideas, and beliefs.”
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The law says that any public library jurisdiction that directly receives any state funding must develop a written and publicly accessible collection development policy for its branches and submit that policy to the office of the State Librarian by January 1, 2026.
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The policy must explain how librarians will develop their collections, taking reader requests and concerns into consideration, while also ensuring “diverse points of view in the collection as a whole,” including “a range of social, political, aesthetic, moral, and other ideas and experiences.” The State Librarian may provide technical assistance to help jurisdictions develop their policies.
The law says that materials may not be excluded or have their access limited solely based on “the race, nationality, gender identity, sexual orientation, religion, disability, political affiliation, or any other characteristic… or the socioeconomic status” of a subject, author, source or perceived or intended audience.
The library materials may include sexual content, unless that content qualifies as “obscene” under Supreme Court precedent. Obscenity is defined as anything that expresses an interest in sex or nudity or excretion, and which is patently offensive according to state law. It also must lack any literary, artistic or political value. The California law states that librarians, library specialists, other staff, or contractors in public libraries cannot be fired, demoted or disciplined for making “good faith” acquisitions or displays. They cannot be punished for refusing materials to be removed that have not been reviewed by the library. Muratsuchi stated that there was a growing movement across the nation to ban books, including California. Book bans from conservative “parents’ rights” activists have turned public libraries into ideological battlegrounds targeting librarians, public funding, and marginalized people nationwide.
“Libraries play a special role in the public’s civic education and the free exchange of diverse ideas and information. The Bay Area Reporter reported that over 3,000 books were banned from libraries in the United States during the last year. The American Civil Liberties Union California Action wrote this. These books are disproportionately about LGBTQ+, people of colour, and historically marginalized groups. Book bans to this effect are not only discriminatory — they are a violation of people’s First Amendment right to access information.”
In September 2023, Gov. Newsom signed legislation that prohibits schools from excluding LGBTQ+-inclusive texts. The law requires that schools have staff trained to assist queer children and reinforces teacher protections against policies requiring forced disclosure of LGBTQ+ students’ parents.
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