The battle to keep sexually explicit books out of the hands of children has been given a big boost by a federal judge.
The judge ruled that Florida's Escambia County School Board could remove a penguin-themed children's book depicting "same-sex marriage" from its libraries and that such action does not violate the First Amendment.
The school board made the decision to remove the book, "And Tango Makes Three," which follows two male penguins who adopt, hatch, and raise Tango, a penguin chick at New York's Central Park Zoo.
The book's co-authors, Peter Parnell and Justin Richardson, and a young female student wanting to borrow the book from her school library, filed a lawsuit in 2023 to challenge the move.
***Please sign up for CBN Newsletters and download the CBN News app to ensure you receive the latest updates.***
They argued that removing the book from children's bookshelves based on its pro-LGBT stance was "viewpoint discrimination."
The plaintiffs argue the book "illustrates that same-sex parents exist, that they can adopt and raise offspring, and have healthy and happy families." They contend that removing the books was a violation of the First Amendment.
Escambia County School Board pushed back on the claim, arguing that curation in a school library does not implicate student or author First Amendment rights.
Chief U.S. District Judge Allen Winsor, from the District Court for the Northern District of Florida, sided with the school board:
"There is no view of the facts that could support plaintiffs' claim that the board engaged in unconstitutional viewpoint discrimination or otherwise violated the First Amendment with respect to Tango."
He pointed to Shurtleff v. City of Boston, a U.S. Supreme Court case that determined the difference between government speech and what is private expression.
Winsor concluded that a library collection "does not constitute a public forum" for private expression, so libraries can make their own determinations on "what constitutes worthwhile literature."
"In sum, the board did not violate the First Amendment when it decided to remove Tango from its school libraries. This does not, of course, keep the book (or any viewpoint in it) from (the female student) or any other student," Winsor wrote. "The Escambia County School Board has simply decided students wanting this particular book will have to get it elsewhere."
This case is the latest in an ongoing battle to protect children from sexualized literature including pro-LGBTQ children's books that promote gender transitions, drag queens, and cross-dressing.
As CBN News reported, the U.S. Supreme Court decided on a landmark case in June that redefined the boundaries between the public school education system, LGBTQ lessons, and parental rights.
The case, Mahmoud v. Taylor, all began in 2022 when the Montgomery County Board of Education approved a list of storybooks with LGBTQ themes to be included in the language arts curriculum for elementary students. Among them: My Rainbow, which features a Black transgender girl, and Uncle Bobby's Wedding, a story about a gay uncle getting married.
The high court ruled that parents can pull their children from public school lessons that use LGBTQ storybooks.
However, that ruling has not kept sexualized content from sneaking into local libraries or other platforms aimed at young children.
Recently, PBS announced it is reviving its trademarked program "Reading Rainbow" – an educational show that encouraged a love of books and reading.
But now, the beloved program, which first aired in 1983, is reportedly going woke, according to The Daily Signal.
"Reading Rainbow" posted a short video announcing a new season earlier this month. The new host will be Mychal Threets, one of PBS' resident librarians and one of the most famous librarians on TikTok.
Threets often pushes to keep LGBTQ-themed books on library shelves.
"They [kids] want characters who are black, characters who are Asian, characters who are LGBTQI plus," claimed Threets.
Last year, Threets completed a 10-state tour to call for an end to so-called book banning.
"I've been able to just talk to library kids, talk to library grown-ups and remind them to be their best weird selves and it's OK to not be OK," he said while petitioning in Washington, D.C.
Did you know?
God is everywhere—even in the news. That’s why we view every news story through the lens of faith. We are committed to delivering quality independent Christian journalism you can trust. But it takes a lot of hard work, time, and money to do what we do. Help us continue to be a voice for truth in the media by supporting CBN News for as little as $1.
Support CBN News
