California bans anti-LGBTQ+ book bans in public libraries

California Gov. Gavin Newsom (D) Photo: Shutterstock

California Gov. Gavin Newsom (D) has signed the “California Freedom to Read Act” (Assembly Bill 1825). 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. The court generally defines obscenity as something that expresses a shameful or morbid interest in sex, nudity, or excretion; is patentily offensive as defined by state law; and lacks any serious literary, artistic, political, or scientific value. 

The California law says librarians, library media specialists, other employees, or contractors at public libraries can’t be fired, demoted, disciplined, or retaliated against for making any “good faith” displays, acquisitions, or programs. Nor can they be disciplined for refusing to remove any materials that haven’t first gone through the library’s official review process.

Any governing board, body, or commission that reviews library materials may not restrict access to materials, but must ensure they remain safe and secure in ways that effectively manage resources while preserving access for all library users.

“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 said. 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. Over the past year, more than 3,000 books have been banned in libraries across America,” wrote the American Civil Liberties Union California Action, according to The Bay Area Reporter. “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.”

In September 2023, Gov. Newsom signed a law that forbids schools from banning LGBTQ+-inclusive books. The law also requires schools to have trained staff to help queer kids and reiterates protections for teachers against policies requiring the forced outing of LGBTQ+ students to their possibly unsupportive parents.

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