Idaho Republicans have advanced a bill that could allow residents to sue libraries for housing books deemed obscene, especially those depicting what is vaguely defined as homosexual acts. Even actions such same-sex hand-holding could be deemed as offensive under the law. House Bill 384, proposed by GOP lawmakers, seeks to expand the state’s obscenity law, targeting materials accessible to individuals under 18 years of age.

Controversial bill targets LGBTQ+ library content

Introduced earlier this month, the bill removes the current exemption enjoyed by libraries under the obscenity law established in 1972. The proposed legislation is notable for its ambiguous definition of “homosexuality,” which has raised concerns among critics. They argue that under this bill, any innocent action by same-sex couples in a young adult novel could lead to a lawsuit.

The bill would have a sweeping impact, affecting almost every library in Idaho, including those in public and private schools and community libraries – causing books to be removed. In a legislative hearing on Martin Luther King Jr. Day, the bill progressed despite significant opposition during the public hearing, where over 100 people attended but only 18 spoke, most of whom were against the bill. The committee’s vote reflected party lines, with 11 Republicans in favour and two Democrats opposed.

Librarians and activists voice concerns

However, Idaho librarians have been vocal in their opposition. Isabella Burgess, a college student and associate librarian, criticised the bill for its homophobia and incorrect portrayal of sexual conduct. “Homosexuality does not equate to obscenity,” Burgess emphasised, adding, “Gay people will not go away. There will always be families with two moms or two dads seeking out literature that represents them.”

Robert Wright, the director of the Idaho Falls Public Library, also spoke out, highlighting that the bill’s supposed aim to protect children is misguided. He noted that many books with sexual imagery can assist abused children in finding help by giving them the language to articulate their experiences to trusted adults. Wright further condemned the impracticality of the bill’s exemptions, such as relocating certain books to adult sections, stating, “We cannot afford to do this.”

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The proposal is also part of a larger trend in the United States. In 2023, a record number of anti-LGBTQ bills were proposed, with the American Civil Liberties Union recording at least 508, of which 84 were enacted. The trend appears to continue in 2024, with over 200 similar proposals introduced in the early weeks.

Consequently, transgender activist and LGBTQ legislation tracker Erin Reed commented on the situation, saying the proposal from Idaho Republicans “serves as a stark reminder that Republicans are not finished targeting LGBTQ+ people in state legislatures nationwide.” This development in Idaho is being closely watched as an indicator of the broader legislative direction regarding LGBTQ content in public spaces.