PARENTS DEFENDING EDUC. v. LINN MAR CMTY. SCH.

No. 22-2927.

83 F.4th 658 (2023)

PARENTS DEFENDING EDUCATION, Plaintiff-Appellant, v. LINN MAR COMMUNITY SCHOOL DISTRICT; Shannon Bisgard, in his official capacity as Superintendent; Brittania Morey, In their official capacity as a member of the Linn Mar Community School District School Board; Clark Weaver, In their official capacity as a member of the Linn Mar Community School District School Board; Barry L. Buchholz, In their official capacity as a member of the Linn Mar Community School District School Board; Sondra Nelson, In their official capacity as a member of the Linn Mar Community School District School Board; Matt Rollinger, In their official capacity as a member of the Linn Mar Community School District School Board; Melissa Walker, In their official capacity as a member of the Linn Mar Community School District School Board; Rachel Wall, In their official capacity as a member of the Linn Mar Community School District School Board, Defendants-Appellees. Foundation for Moral Law; Atlantic Legal Foundation; Jewish Coalition for Religious Liberty; Coalition for Jewish Values; American Hindu Coalition; Islam and Religious Freedom Action Team; Institute for Faith and Family; Parental Rights Iowa; The Justice Foundation; Wisconsin Family Action; Illinois Family Institute; Minnesota Family Council; Delaware Family Policy Council; Hawaii Family Forum; The Family Foundation; Ethics and Religious Liberty Commission of the Southern Baptist Convention; Baptist Convention of Iowa; Concerned Women For America; The Ethics & Public Policy Center; The National Legal Foundation; Pacific Justice Institute; Liberty Justice Center; Moms for Liberty; Institute for Free Speech; State of Montana; State of Alabama; State of Alaska; State of Arizona; State of Arkansas; State of Georgia; State of Idaho; State of Kentucky; State of Louisiana; State of Mississippi; State of Nebraska; State of Oklahoma; State of South Carolina; State of Tennessee; State of Texas; State of Utah; State of Virginia; State of West Virginia; Advancing American Freedom; American Cornerstone Institute; American Principles Project; American Values; Centennial Institute at Colorado Christian University; Citizens United; Citizens United Foundation; Committee for Justice; Common Sense Club; Dr. James Dobson Family Institute; Eagle Forum; Faith and Freedom Coalition; Family Research Council; Focus on the Family; National Center for Public Policy Research; Project 21 Black Leadership Network; Sarah Perry; Tea Party Patriots Action; The FAMiLY Leader; Young America's Foundation, Amici on Behalf of Appellant(s), One Iowa; Iowa Safe Schools; Lambda Legal Defense and Education Fund; Professors of Psychology & Human Development; Interfaith Alliance of Iowa, Amici on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: September 29, 2023.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Cameron Thomas Norris , of Arlington, VA. The following attorney(s) appeared on the appellant brief; Alan R. Ostergren , of Des Moines, IA., John Michael Connolly , of Arlington, VA., James Hasson , of Arlington, VA.

Counsel who presented argument on behalf of the appellees and appeared on the brief was Miriam Deborah Van Heukelem , of Des Moines, IA. The following attorney(s) appeared on the appellees brief; Emily Kolbe , of Des Moines, IA.

The following attorney(s) appeared on the amicus brief of Foundation for Moral Law in support of the appellant; John Allen Eidsmoe , of Montgomery, AL.

The following attorney(s) appeared on the amici brief of American Hindu Coalition, Coalition for Jewish Values, Islam and Religious Freedom Action Team and Jewish Coalition for Religious Liberty in support of the appellant; David Jonathan Hacker , of Plano, TX., Kayla A. Toney , of Washington, DC., Sue Ghosh Stricklett , of Sterling, VA., Keisha T. Russell , of Plano, TX.

The following attorney(s) appeared on the amicus brief of Institute for Faith and Family in support of the appellant; Deborah Jane Dewart , of Hubert, NC.

The following attorney(s) appeared on the amicus brief of Atlantic Legal Foundation in support of the appellant; Lawrence Steven Ebner , of Washington, DC., John M. Reeves , of Saint Louis, MO.

The following attorney(s) appeared on the amid brief of Parental Rights Iowa and The Justice Foundation in support of the appellant; John J. Bursch , of Washington, DC., Rory Thomas Gray , of Lawrenceville, GA.

The following attorney(s) appeared on the amici brief of Baptist Convention of Iowa, Concerned Women For America, Delaware Family Policy Council, Ethics and Religious Liberty Commission of the Southern Baptist Convention, Hawaii Family Forum, Illinois Family Institute, Minnesota Family Council, Pacific Justice Institute, The Ethics & Public Policy Center, The Family Foundation, The National Legal Foundation and Wisconsin Family Action in support of the appellant; Steven W. Fitschen , of Chesapeake, VA.

The following attorney(s) appeared on the amicus brief of Liberty Justice Center in support of the appellant; Jeffrey Jennings , of Arlington, VA.

The following attorney(s) appeared on the amici brief of Institute for Free Speech and Moms for Liberty in support of appellant; Alan Gura , of Washington, DC., Stephanie M. Brown , of Washington, DC.

The following attorney(s) appeared on the amici brief of State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Georgia, State of Idaho, State of Kentucky, State of Louisiana, State of Mississippi, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Tennessee, State of Texas, State of Utah, State of Virginia and State of West Virginia in support of the appellant; Peter Martin Torstensen, Jr. , AAG, of Helena, MT.

The following attorney(s) appeared on the amici brief of Iowa Safe Schools and One Iowa in support of the appellees; Li Nowlin-Sohl , of New York, NY., Thomas Dillon Story , of Des Moines, IA., Rita N. Austen , of Des Moines, IA.

The following attorney(s) appeared on the amicus brief of Lambda Legal Defense and Education Fund in support of the appellees; Kara Ingelhart , of Chicago, IL., Peter Renn , of Los Angeles, CA., Nora Huppert , of Chicago, IL.

The following attorney(s) appeared on the amici brief of Advancing American Freedom, American Cornerstone Institute, American Principles Project, American Values, Centennial Institute at Colorado Christian University, Citizens United, Citizens United Foundation, Committee for Justice, Common Sense Club, Concerned Women For America, Dr. James Dobson Family Institute, Eagle Forum, Faith and Freedom Coalition, Family Research Council, Focus on the Family, National Center for Public Policy Research, Project 21 Black Leadership Network, Sarah Perry, Tea Party Patriots Action, The FAMiLY LEADER and Young America's Foundation in support of the appellees; John Marc Wheat , of Washington, DC.

The following attorney(s) appeared on the amicus brief of Professors of Psychology & Human Development in support of the appellees; Shannon Price Minter , of San Francisco, CA., Laura Schultes , of Cedar Rapids, IA., Asaf Orr , of San Francisco, CA.

The following attorney(s) appeared on the amicus brief of Interfaith Alliance of Iowa in support of the appellees; Nicole M. Moen , of Minneapolis, MN., Benjamin R. Tozer , of Minneapolis, MN., Brandon R. Underwood , of Des Moines, IA., Haley Waller Pitts , of Minneapolis, MN., Nicholas F. Miller , of West Des Moines, IA.

Before COLLOTON, BENTON, and KELLY, Circuit Judges.


Parents Defending Education, an association of parents, brought this action to challenge a policy adopted by the Linn Mar Community School District in Iowa. The district court denied a motion for preliminary injunction, and Parents Defending appeals. We dismiss the appeal in part as moot, and reverse on one claim.

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