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Mom files suit in Utah book banning case

Posted By Jonathan M. Kelley, Friday, November 30, 2012
Updated: Thursday, November 29, 2012

On November 13, a mother in Davis County, Utah, filed suit in federal court against the local school district after the removal of Patricia Polacco's book In Our Mothers' House from school library shelves.

The Freedom to Read Foundation will be following the progress of this case closely.  The ACLU of Utah is representing the mother, Tina Webber, on behalf of two of her children and a class of similarly situated students in the Davis County School District.  

In Our Mothers’ House is a well-reviewed children’s book depicting a child’s experience growing up in a  household headed by same-sex parents.  The lawsuit challenges the school board’s decision to remove all copies of the book from the district’s open library shelves in order to place the book behind a counter where students must have written parental permission to access and read the book.  

The complaint challenges the removal on the ground that "the District’s primary justification for removing the book from the shelves is that, by telling the story of children raised by same-sex parents, the book constitutes 'advocacy of homosexuality' in purported violation of Utah’s sex-education laws."  In doing so, the complaint alleges the District violated the students' First and Fourteenth Amendment rights and is a form of unconstitutional viewpoint discrimination that stigmatizes both the ideas in the book and the students reading the book.

You can read the complaint here.  The Salt Lake Tribune has much more about the case.

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