In California, an Orange County library system has been ordered not to censor books that include LGBTQ+ themes. The ruling from Orange County Superior Court Judge Lindsey Martinez sided with the plaintiffs who sued Huntington Beach Library for violating the state’s constitution and the Freedom to Read Act, according to LGBTQ Nation.
According to LAist, Huntington Beach passed a resolution banning minors from accessing materials featuring sexual content in public libraries without parental permission. The resolution also required restrictions imposed on minor access to a wide range of topics including gender identity and expression, sexual orientation, and reproductive health – anything with any kind of “sexual content,” according to ACLU.
Two high school-aged plaintiffs and non-profit Alianza Translatinx filed the case back in February and were supported in court proceedings by American Civil Liberties Union Foundation (ACLU) of Southern California and the First Amendment Coalition. The plaintiffs argued that the library’s practices violated the Freedom to Read Act, which was signed by Gov. Gavin Newsom in 2024. The bill forbids state-funded public libraries from censoring available materials 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.
Ruling in favor of the plaintiffs, Martinez rejected Huntington Beach’s argument that the Freedom to Read Act is unconstitutional and by proxy the book ban. “Today, the court confirmed Huntington Beach’s Charter City status is not a license to disregard state law and violate constitutional rights,” said senior staff attorney at ACLU Southern California Jonathan Markovitz. “We appreciate that the court protected minors’ access to a diverse range of library materials they need to learn about the world around them and to participate in a democratic society,” he continued.
“The freedom to read is one of the fundamental pillars of democracy, and today democracy won,” said plaintiff Erin Spivey.
