Kentucky Gov. Beshear allows ‘book-banning’ bill to become law without his signature

Kentucky Gov. Andy Beshear has allowed a controversial anti-obscenity bill to become law without his signature.

Senate Bill 5, which requires schools adopt a complaint resolution policy for parents who allege that materials taught in school are harmful to minors, was received by the Secretary of State’s office Monday.

Critics have said SB 5 is a ‘book-banning’ bill, while its supporters say it is about protecting children from obscene materials in school.

The bill defines “harmful to minors” as material that contains, in an obscene manner, the unclothed or apparently unclothed human male or female genitals, pubic area, or buttocks or the female breast, or visual depictions of, simulations of, or explicit written descriptions of, sexual acts. When taken as a whole, the material is “harmful to minors” if it appeals to excessive interest in sex or is patently offensive to prevailing standards regarding what is suitable material for minors.

The Republican Party of Kentucky quickly released a statement saying Beshear, who is seeking a second term this year, “took the coward’s way out and refused to stand up for parental rights in education.”

“Andy Beshear is the opposite of what Kentucky deserves,” party spokesperson Sean Southard said in a statement. “We need a Governor who will stand strong on parental rights in education, not one like Andy Beshear who likes to run away with his tail between his legs.”

The ACLU of Kentucky was among the bill’s opponents, with staff members speaking against the bill at committee and the organization urging the governor to veto it.

Kate Miller, the ACLU of Kentucky’s advocacy director, testified earlier in March that the bill raised First Amendment concerns in addition to practical challenges with enforcement.

“You go through the whole process, you go to the principal, you go to the school board and ultimately it’s determined that this book is something that is not harmful to minors, it is still incumbent upon the school, it is the responsibility of the school, to ensure a child does not have access to a material that a parent finds to be harmful,” Miller said. “And so I think that that is really too big of a responsibility, too big of authority for the state to be entitled to, and practically I think it’s very challenging.”

This bill was sponsored by Sen. Jason Howell, R-Murray, who has said the bill’s purpose is to guarantee the parent’s involvement in their child’s access to this material they believe is harmful to their family values and interests.

Activist groups like No Left Turn in Education and Moms for Liberty supported the bill, as did the conservative Family Foundation.

Miranda Stovall, Kentucky president of No Left Turn in Education, led the ultimately unsuccessful charge to ban “Gender Queer” in Louisville schools. She testified in support of the bill.

“What we are talking about is adult sexual content for children inside the public school building,” she said at a committee in March. “The school is not a place that should be taking place for children.”

The policy must be in place by July 1, 2023. Complaints must provide the name of the complainant, a reasonably detailed description of the material that is alleged to be harmful to minors and how the material is believed to be harmful to minors.

Fayette County Public Schools already has a district policy that addresses complaints about instructional materials, said district spokeswoman Lisa Deffendall.

“ As we do annually, we will work with the Kentucky School Boards Association to review all current policies and update them as required to reflect new actions taken by the Kentucky General Assembly. Our intent is always to be in compliance with state law,” she said.

Jim Flynn, executive director of the Kentucky Association of School Superintendents, said KSBA will be providing a model policy for Kentucky school boards to adopt or modify as a result of the legislation.

“Districts already have a policy and procedure for objectionable materials. While the current policy may be a little different in structure, it essentially does about the same thing as what’s in SB5,” Flynn said.