National Book Ban Legislation Advances With the Support of Michigan Republicans
The 'Stop the Sexualization of Children Act' would strip federal funding from schools that keep books about trans people on their shelves
March is Reading Month, but some elected officials appear not to have gotten the message. With the support of two Michigan members of Congress, House Resolution 7661, the "Stop the Sexualization of Children Act," was voted out of the House Committee on Education and the Workforce on March 17.
The bill bans federal funding from public schools provided by the Elementary and Secondary Education Act of 1965 unless schools take action to ban "sexually oriented material," such as material dealing with "gender dysphoria or transgenderism" (a term widely considered pejorative by the transgender community, but used in the bill's text) and "lewd or lascivious dancing." If passed, schools could lose federal funding simply for having a book about a trans person in their school libraries or classrooms.
The bill was introduced by Illinois Rep. Mary Miller, a proponent of "Christian nationalism," the idea that the United States is a nation for Christians only. Miller is well known for her opposition to protecting the civil rights of LGBTQ+ people. She voted against the Respect for Marriage Act in 2022, which codified same-sex marriage nationally. Miller claimed the act "attacks the traditional family." She opposes the Equality Act, a bill extending civil rights protections to those discriminated against on the basis of sexual orientation and gender identity. Miller even misgendered Delaware Rep. Sarah McBride on the House floor.
Republicans Tim Walberg and Lisa McClain were the two representatives from Michigan to vote to advance Miller's bill to the House floor. The only other Michigander serving on the committee, Democrat Haley Stevens, voted against sending it to the House. Walberg and McClain are both running for reelection to the 5th and 9th districts, respectively. Their vote for H.R. 7661, while troubling for advocates of the freedom to read, is unsurprising given their long history of voting against the interests of LGBTQ+ people.
Walberg cosponsored a 2015 amendment to the U.S. Constitution banning same-sex marriage. He voted against the Respect for Marriage Act. In 2023, he traveled to Uganda to show his support for that country's president, Yoweri Museveni. Walberg told him to "stand firm" in opposing international pressures to repeal the country's law allowing for capital punishment in cases of "aggravated homosexuality."
As House Republican conference chair, Lisa McClain is the fourth-highest ranking Republican in the House. Despite the added visibility that comes with this position, McClain has been less vocal on these issues than Walberg. She has, for example, never traveled to another country to tell its leaders to keep the death penalty for homosexuality. But her views are essentially the same. Like Miller and Walberg, McClain voted against the Respect for Marriage Act, and in 2021 she voted against the Equality Act.
After H.R. 7661 advanced to the House, the Equality Caucus, a bipartisan group of members of Congress who advocate for equal rights regardless of sexual orientation, gender identity and expression, or sex characteristics, released a statement blasting the bill.
Caucus chair Mark Takano slammed the bill for stigmatizing "a tiny minority community" and "encouraging a school culture of hostility towards transgender students." He pointed out that Miller had previously stated Adolf Hitler "was right on one thing … 'Whoever has the youth has the future.'" Given her sponsorship of H.R. 7661, Miller may also agree with Hitler on the necessity of burning certain books.
Jeff Trexler of the Comic Book Legal Defense Fund pointed out a significant constitutional problem with the bill. H.R. 7661 exempts "classic works of literature" from its ban, but defines "classic" by pointing to a reading list published by Compass Classroom, a Christian homeschooling company that markets its curriculum as teaching "a Biblical worldview." By effectively outsourcing its literary standards to one religious organization, the bill runs afoul of the First Amendment's prohibition on establishing an official state religion.
Trexler also cautioned that the bill is unlikely to pass, arguing that H.R. 7661 is specifically designed so that it will not become law. He called it an "unconstitutional campaign-year ploy," predicting that its proponents will use the bill as a cynical fundraising tool with no intention of seeing it enacted. He argues it's unlikely to reach the 60-vote threshold in the Senate needed to overcome a likely filibuster. But Trexler warned that "giving this bill oxygen is keeping it alive," and more publicity is exactly what McClain, Miller, Walberg, and the other cosponsors want.
Still, the American Library Association released a statement opposing the bill. "H.R. 7661 isn't fundamentally about protecting kids. It's about giving politicians broad authority to restrict whose stories are allowed on our shelves," ALA President Sam Helmick said. "That should concern anyone who believes in the freedom to read and the right of families to make decisions for themselves." The ALA is encouraging voters to contact their representatives to oppose the legislation. They are joined by Authors Against Book Bans, a coalition of writers and illustrators standing "against the deeply unconstitutional movement to limit the freedom to read."
"Gender Queer" author Maia Kobabe, who uses eir/e pronuns, is a member of Authors Against Book Bans. Eir work has been the most banned book in the United States for three years in a row. Michigan has not been immune to these bans. A Lapeer County prosecutor threatened a public librarian with criminal charges over the book's presence in the library in 2023. Kobabe released a graphic calling on citizens to ask their elected officials to take action. "H.R. 7661 is a national book banning bill …" e writes. "This would ban my books and any other books with trans themes, from public schools."
The "yes" votes on the House Committee on Education and the Workforce represent a remarkably small group. A 2023 Washington Post study found that the vast majority of book challenges filed in school and public libraries since 2020 came from just 11 people. Only 17 members of Congress voted to advance H.R. 7661 to the House. The national movement to decide what America's children can and cannot read remains the project of a few dozen people.