A Texas county has told an appeals court it has a right to cull books on sex, gender and racism

NEW ORLEANS (AP) — A Texas county that wants to keep 17 books off its shelves — some dealing humorously with flatulence and others with issues including sex, gender identity and racism — argued its case Tuesday before 18 federal appeals court judges amid questions on whether the rights of the patrons or county officials were at risk.

Library patrons filed suit in 2022 against numerous officials with the Llano County library system and the county government after the books were removed. A federal district judge in Texas issued a preliminary injunction requiring that the books be returned in 2023. But the outlook became murkier when three judges of the 5th U.S. Circuit Court of Appeals split three ways on the issue in June — one saying all 17 books should stay on the shelves, another saying only eight had to stay, and another saying the court should leave it up to the county.

The upshot was that eight books were to be kept on the shelves. But the full court voted to toss that ruling and rehear the case. Tuesday’s arguments were heard by the 17 full-time judges of the 5th Circuit, plus Jacques Wiener, a senior 5th Circuit judge with a reduced workload who was part of the original panel.

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