Virginia Judge Refuses to Label Queer Novel “Obscene”
Gender Queer — as “obscene,” a designation which would have made it illegal to sell or lend the books in the commonwealth.Circuit Judge Pamela Baskervill rejected the petitions, ruling that the state law being used to challenge the books is unconstitutional on its face because it violates the First Amendment and the Constitution of Virginia, infringing on free speech rights as well as the right to due process for booksellers and publishers, who are not required to be informed of when a book they are selling or distributing has been designated “obscene.”Baskervill also vacated a lower court determination of probable cause for obscenity, finding the lawsuit didn’t present facts that could support a finding that the books are obscene, even as defined under Virginia law.
As a result, she dismissed the case.The original petition sought to challenge Gender Queer, Kobabe’s autobiographical story about coming to terms with their sexuality and gender identity, and A Court of Mist and Fury, adult fantasy romance novel, by Sarah J.
K. Maas, by having them declared obscene under a portion of Virginia law that had not been used for decades, but purports to allow any individual to file a petition claiming that any book they find objectionable is obscene.
The petition, filed by Tim Anderson, a lawyer and Republican member of the Virginia House of Delegates, on behalf of Tommy Altman, a Republican who unsuccessfully sought the GOP nomination for a congressional seat in the Hampton Roads area, sought to enjoin Barnes & Noble bookstore and Virginia Beach Schools from allowing the books to be purchased or borrowed by minors without parental consent.Speaking with Slate magazine earlier this month, Anderson insisted he was not trying to ban.
