California outlaws the banning of LGBTQ books from public library shelves

  • Sunday September 29, 2024
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Governor Gavin Newsom signed legislation preventing public libraries in California from banning books due to their LGBTQ content. Photo: Bill Wilson
Governor Gavin Newsom signed legislation preventing public libraries in California from banning books due to their LGBTQ content. Photo: Bill Wilson

California's public libraries will no longer be able to pull books off the shelves because they talk about race or sexual orientation. And those receiving state funding will now be required to have a written policy governing how they add titles and remove titles from their collections.

It is due to Governor Gavin Newsom signing into law on Sunday Assembly Bill 1825 by Assemblymember Al Muratsuchi (D-Torrance). Known as the California Freedom to Read Act, the legislation takes effect January 1 and does not apply to libraries at public schools.

It prevents other public libraries in the state from removing books from their collections or banning the purchase of new books related to subject matters like LGBTQ and race. Books also can't be banned "because of the views, ideas, or opinions contained in materials," per the legislation.

"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," noted Muratsuchi. "Book banning proponents are disproportionately targeting materials containing the voices and lived experiences of LGBTQ and communities of color. 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."

AB 1825 will hamstring officials in Fresno County who have been attempting to remove books deemed not suitable for children from the children's sections of their local libraries and place them in areas where only parents can access them. The county had created a committee tasked with reviewing what books are on the shelves of its library system and was waiting to see if Muratsuchi's bill would become law.

Due to its enactment, every public library jurisdiction that directly receives any state funding must adopt a written and publicly accessible collection development policy for its libraries by January 1, 2026. Per AB 1825, the policies will guide the selection and deselection of library materials, and establish a process for community members to share their concerns regarding library materials and request materials be reconsidered for inclusion in the library's collection.

The policies are to be sent to the state librarian. That office is to oversee the provision of technical assistance to public libraries in developing their collection development policies.

"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," noted American Civil Liberties Union California Action. "These books disproportionately feature stories about LGBTQ+ communities, people of color, and historically marginalized communities. Book bans to this effect are not only discriminatory — they are a violation of people's First Amendment right to access information."

As for LGBTQ college students in California, they will be receiving added protections due to Newsom signing on September 23 Senate Bill 1491 by lesbian state Senator Susan Talamantes Eggman (D-Stockton). It requires the California Student Aid Commission to provide, beginning with the 2026—27 school year, written notice to college students who receive state financial aid if their postsecondary educational institution has an exemption from either the Equity in Higher Education Act or Title IX on file with the commission.

Often religious-based colleges will seek exemptions in order not to comply with providing protections covered by the rules to LGBTQ students on their campuses. The state commission currently is only required to post which schools have exemptions online.

For state-run colleges and universities, they now need to designate a confidential point of contact on their campus for lesbian, gay, bisexual, asexual, pansexual, transgender, gender-nonconforming, intersex and two-spirit faculty, staff, and students. The bill had been amended to remove having the Legislative Analyst's Office audit the state's community colleges and four-year colleges and universities with respect to the quality of life for their LGBTQ students, faculty and staff.

The bills are part of a quintet taking effect that protect LGBTQ youth. Over the summer Newsom signed into law AB 1955 by gay state Assemblymember Chris Ward (D-San Diego) that bans school districts from outing trans youth without their permission to their parents unless doing so is needed to protect their mental health.

September 14 Newsom signed into law AB 2477 by gay Assemblymember Rick Chavez Zbur (D-Hollywood) that updates state law to clarify that young adults can accumulate cash savings while in foster care, many of whom are LGBTQ. As the B.A.R. reported online September 21, it specifically allows foster youth to save upward of $10,000 without losing their existing benefits or triggering redetermination of eligibility.

Newsom also signed on September 27 AB 2906, which prevents California's counties from secretly intercepting foster youth's Social Security survivor benefits. Assemblymember Isaac Bryan (D-Los Angeles) authored it after seeing Newsom veto a similar bill in 2023 that included both Social Security survivor and disability benefits.

"For some of California's foster children, having access to these previously pilfered assets may be the difference between aging out of care into homelessness or with a roof over their heads," stated Amy Harfeld, national policy director at the Children's Advocacy Institute at the University of San Diego School of Law. "We are grateful for Governor Newsom placing California among the growing number of states that are acting to end this shameful practice while helping address California's homeless challenge to boot."

For the second year in a row due to its price tag, Newsom vetoed a bill that would have given out free condoms to public high school students. Author lesbian state Senator Caroline Menjivar (D-San Fernando Valley) and backers of SB 954 blasted the governor for doing so after they secured $5 million over three years for it in this year's budget bill, as the B.A.R. reported online September 26.

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