U.S.A.: California prohibits anti-LGBTQ+ book bans in public libraries

California Governor Gavin Newsom has enacted the ‘California Freedom to Read Act’ (Assembly Bill 1825). This legislation prohibits state-funded public libraries from removing or refusing to purchase books because of their “views, ideas, or opinions.”

Assemblymember Al Muratsuchi, who authored the law, stated, “Book-banning proponents are disproportionately targeting materials containing the voices and lived experiences of LGBTQ and communities of color.” He emphasized the importance of resisting this movement to ensure Californians have access to books that provide diverse viewpoints from individuals of all backgrounds, beliefs, and ideas.

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According to ‘LGBTQ Nation’, the new law mandates that any public library jurisdiction receiving state funds must create a written and publicly available collection development policy for its branches, which must be submitted to the State Librarian by January 1, 2026. This policy should detail how librarians will develop their collections, considering reader requests and concerns, while also ensuring “diverse points of view in the collection as a whole,” encompassing “a range of social, political, aesthetic, moral, and other ideas and experiences.” The State Librarian can offer technical assistance to jurisdictions in formulating their policies.

According to the law, materials cannot be excluded or have access limited based solely on the “race, nationality, gender identity, sexual orientation, religion, disability, political affiliation, or any other characteristic… or the socioeconomic status” of the subject, author, source, or intended audience.

Library materials may include sexual content unless deemed “obscene” under Supreme Court rulings. The court generally describes obscenity as material that appeals to a prurient interest, is defined as offensive by state law, and lacks serious literary, artistic, political, or scientific value.

The California law also protects librarians and related staff from being fired, demoted, disciplined, or retaliated against for making “good faith” displays, acquisitions, or programs. They cannot be disciplined for refusing to remove materials that haven’t gone through the library's official review process.

Any governing body responsible for reviewing library materials must ensure unrestricted access, while also keeping resources safe and secure in ways that effectively manage them and preserve access for all patrons.

“Our freedom to read is a cornerstone of our democracy. Unfortunately, there is a growing movement to ban books across the country, including in California,” Muratsuchi asserted. He pointed out that book bans led by conservative “parents' rights” activists have turned public libraries into ideological battlegrounds, affecting librarians, public funding, and marginalised individuals nationwide.

The American Civil Liberties Union California Action noted, “Libraries play a special role in the public’s civic education and the free exchange of diverse ideas and information. Over the past year, more than 3,000 books have been banned in libraries across America. These books disproportionately feature stories about LGBTQ+ communities, people of color, and historically marginalised communities. 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, Governor Newsom approved legislation prohibiting schools from banning books inclusive of LGBTQ+ narratives. This law also requires schools to employ trained staff to assist queer students and reinforces protections for teachers against policies that enforce the outing of LGBTQ+ students to unsupportive parents.

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