The chief sponsor of a measure to curb book bans in Oregon schools — a measure that was one roll-call vote away from final approval in the 2024 Legislature — says he will try again when lawmakers meet in 2025.
But Sen. Lew Frederick, a Democrat from Portland, also says he does not want the measure to be a focal point in the 2024 campaign. He said there is a national movement of groups that have sought to ban school books, motivated by discrimination against people of color, sexual orientation and gender identity.
“One of the biggest issues is how we make sure that people do not decide to use book banning as a distraction from the real issues we are struggling with in the November election,” said Frederick, one of four Black senators.
“We do things that are really important — but banning a book is not important. We should not be doing that. We had a great response to what we did, so I imagine we will do it again. More importantly, we made it clear there are people in Oregon who will not put up with doing this.”
Frederick introduced Senate Bill 1583 in the short 2024 session after he said a record 93 individual materials were challenged between July 2022 and July 2023, just after the close of the 2023 session. Roughly one-third (36) were removed from school libraries by the Canby School Board, which reversed its stance on 35 of them several months later.
The bill would have barred school officials from banning books and other materials simply because their content deals with people protected under Oregon’s civil rights laws.
The Senate passed the bill on Feb. 27 on a party-line vote of 17-12, after a Republican substitute failed by the same vote. The House Rules Committee recommended the same bill by a 4-3 vote, also along party lines, but it did not come up for a vote of the full House before the session adjourned on March 7.
In his written testimony Feb. 13 to the Senate Education Committee, Frederick said in part:
“This bill does not create new mandates for school curriculum. It does not require teaching or acquiring any particular books or materials. It does not say that any material has to be taught or there aren’t valid reasons for excluding certain materials, such as if they include revisionist history.
“It does not change any of the standards for library materials or school curriculum, or what is or is not age-appropriate, or any of the specific grade-level learning standards as adopted by the state Board of Education or any local school board.”
He added: “Senate Bill 1583 does not restrict a parent’s right to make individual decisions for their kids.”
Kotek would have signed
Democratic Gov. Tina Kotek said she would have signed the bill if it had reached her.
“I do not know what the dynamics were at the end of session,” she told reporters at a news conference March 14. “I think we can still maintain local control and not discriminate” when it comes to a choice of educational materials.
The bill had a momentum of its own, aside from key session priorities of reinstating criminal penalties for possession of specified drugs while expanding treatment options, and boosting state support for housing construction and homelessness avoidance programs.
Bills associated with both of those priorities passed by big bipartisan majorities in both chambers, as did another bill — which few foresaw at the start of the session — to set Oregon’s first limits on campaign finances in 50 years.
ACLU: Blame House Democrats
The American Civil Liberties Union of Oregon led the opposition to reinstatement of criminal penalties for drug possession in House Bill 4002, which partly undid what voters approved in a 2020 ballot initiative known as Measure 110.
Its executive director blamed the loss of the anti-book ban legislation on a decision by the Democratic leadership of the House — singling out then-Speaker Dan Rayfield — to close the session ahead of the constitutional deadline of March 10.
Rayfield resigned as speaker just before the close of the session to concentrate on his bid for attorney general. He will serve out his term from a Corvallis-area district.
Sandy Chung said that majority Democrats should have simply forced a vote of the full House.
Part of her statement:
“Oregon’s House leadership — which, at its highest level, consisted of then Speaker Dan Rayfield — knowingly failed students, teachers and librarians in Oregon by ending the legislative session early and leaving SB 1583 on the floor before it could be passed by the House.
“The House fell for the delay tactics of Republican opposition to this bill, ultimately failing to prioritize the needs of students, teachers, and librarians across our state. They sent the message that they were unwilling to do a few more days of work to make our public schools and libraries more inclusive, safe and enriching for students of all backgrounds and identities.”
The ACLU release included supporting statements from Our Children Oregon, Rural Organizing Project and Unite Oregon.
Khanh Le is executive director of Unite Oregon, which represents immigrant and refugee communities. Le said this:
“Without the legal safeguards provided by SB 1583, immigrant, refugee, and communities of color face an uphill battle in preserving their stories, traditions, and contributions within the educational landscape.
“In the face of adversity, the fight continues for a society that not only values the unrestricted pursuit of knowledge but also actively promotes the celebration and preservation of the rich tapestry of cultural experiences within our communities.”
