A Virginia judge has dismissed an obscenity lawsuit that put Maia Kobabe’s Gender Queer: A Memoir and Sarah Maas’ A Court of Mist and Fury further in the spotlight and possibly restricted in the commonwealth. Following a hearing this Tuesday, Virginia Beach Circuit Court Judge Pamela Baskervill ruled that neither book meets the standard for obscenity under Virginia law and that the obscenity law itself was unconstitutional.
Republican State Delegate Tim Anderson and failed Republican congressional candidate Tommy Altman decided to abuse a little-used rule that allows indviduals to launch obscenity proceedings in the state. Both felt the material in the books were explicit and unsuitable for those under 18.
The lawsuit would have restrict not just the sale of the book but potentially even individuals sharing the books with each other.
Judge Pamela Baskervill dismissed the case stating that Altman and Anderson hadn’t provided substantial evidence the books were obscene and that Virginia’s laws around obscene books violated the First Amendment. You can read ruling 1 and ruling 2.
Losing attorney Anderson stated on Facebook the fight would continue and that Altman is reviewing the appeal options stating they feel the standard for obscenity for children should be different than for adults. Both we’re sure were very pro empowering parents in the most recent election but seem to not think parents can make those decisions for their kids. That makes them hypocrites.
Gender Queer has become a target in the national attacks on literature. It’s yet another example of the book banning that is being pushed by right-wing provocateurs to make gains politically by stoking “culture wars”.
As has been shown, a dark money network is funding campaigns against “Critical Race Theory”, something not being taught in schools. This book banning is an off-shoot of that showing these pushes are about as natural as an oral bowel movement. The “movement” is being used as a wedge issue to whip up voters by the right since they have nothing else to run on. It attempts to pit parents vs. bureaucrats (and teachers and librarians), a match that’s unfortunately pretty easy to get traction on. The movement has been working for decades and continues the right-wing push to take over at the local level, first at the state and now even lower to get their regressive agenda passed.
Source: Graphic Policy
