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.