A federal lawsuit challenging Utah's school book removal law will move forward after a judge ruled Tuesday, Sept. 15, that the plaintiffs have standing to sue.

U.S. District Judge Robert Shelby rejected the state's argument that the authors and students who brought the case had no right to challenge the law because public schools are not required to carry their books. The ruling does not decide whether the law violates the First Amendment. It clears only the threshold question of whether the plaintiffs can bring the case at all.

The decision matters locally because Granite School District, which serves Millcreek-area students, is among nine districts whose book removals have triggered statewide bans.

Granite contributed to the removal of at least seven titles, including "Bag of Bones" by Stephen King, "The Handmaid's Tale: The Graphic Novel" by Margaret Atwood, "Red Hood" by Elana K. Arnold, "Lucky" by Alice Sebold and "Push" by Sapphire, according to KUER and Salt Lake Tribune reporting.

Under Utah's "sensitive materials" law, first passed in 2022 and expanded by House Bill 29 in 2024, anyone can challenge instructional material in a school district. If the material is found to contain content deemed pornographic or indecent, it is pulled from that district. Once three districts remove the same title, it is banned statewide.

As of Aug. 20, 37 books had been banned from Utah public schools, ABC4 Utah reported. That number was 22 when the lawsuit was filed in January.

The suit was brought in U.S. District Court on Jan. 6 by two unnamed Utah high school students and several authors or their representatives: Kurt Vonnegut's estate, Maya Angelou's Caged Bird Legacy, Elana K. Arnold, Ellen Hopkins and Amy Reed. The ACLU of Utah represents the plaintiffs. Defendants include Utah Attorney General Derek Brown, the Utah State Board of Education and several school districts.

The authors allege the law prevents their books from reaching young adult readers and harms them financially and reputationally by labeling their work "pornographic" or "indecent." The state countered that the law does not target specific books or authors, does not stop minors from reading or buying the titles elsewhere, and only governs what schools use as instructional material.

Judge Shelby found the authors' claims of financial, reputational and professional harm sufficient to establish standing. He also dismissed most claims against individual school board members and district officials, ruling those claims duplicated ones already made against the districts themselves.

David Given, a partner at Counsel LLP in San Francisco and attorney for the plaintiffs, said in a statement to Courthouse News Service that the Vonnegut and Angelou legacies "are grateful for the court's clear-eyed decision."

Julie Jackson, who represents Millcreek and Holladay on the Granite School District Board, said in a June 2026 Millcreek Journal interview that she believed local communities, not legislators, should decide what books belong in their schools. "Communities know best what is right for their kids, not legislators," Jackson said at the time. Jackson has since announced her resignation from the board, effective Dec. 31. As we reported Tuesday, Sept. 15, the board appointed Elena Leppard to fill the Millcreek-area seat.

A representative of the Utah Attorney General's Office declined to comment on the pending litigation, according to Courthouse News Service. The plaintiffs are seeking a court order to strike down the law and return banned books to school library shelves.

No trial date has been set.