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Va. court dismisses obscenity case against LGBTQ books

Ruling found petitions violated First Amendment

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Circuit Court for the City of Virginia Beach (Photo courtesy of the City of Virginia Beach)

The Circuit Court for the City of Virginia Beach has rejected two petitions arguing that two LGBTQ-themed books were obscene and illegal to sell or lend in the state of Virginia.

In its ruling the court found that the Virginia state statute pursuant to which the petitions were filed violated First Amendment free speech rights and the constitutional right to due process. Likewise, the court vacated a lower court determination of probable cause for obscenity.

The proceedings were initiated pursuant to Virginia Code § 18.2-384 — a law that has not been used for decades, but which purports to allow any individual to file a petition claiming that any book is obscene. Under the statute, a book could have been deemed obscene and its distribution could have been made criminal without any notice — much less an opportunity to be heard on the issue — to the countless bookstores, book lenders and other distributors who would have been governed by the result.

The books being challenged through two separate obscenity proceedings in Virginia state court are “Gender Queer” by Maia Kobabe, an autobiographical graphic novel about adolescence, gender and sexuality, and “A Court of a Mist and Fury,” a fantasy romance novel by Sarah J. K. Maas. “Gender Queer” was the most banned book in the United States in 2021, according to the American Library Association.

“We are pleased with the outcome of today’s proceedings,” said Matt Callahan, senior staff attorney for the ACLU of Virginia. “The First Amendment protects literary expression, even when some people find portions of the works difficult or objectionable. All people should be able to choose what they wish to read.”

The ACLU, the ACLU of Virginia, and Michael Bamberger of Dentons, and general counsel to Media Coalition, filed a motion challenging the proceedings on behalf of Prince Books, Read Books, One More Page Books, bbgb tales for kids, American Booksellers for Free Expression, Association of American Publishers Inc., Authors Guild, Inc., Freedom to Read Foundation, American Library Association and Virginia Library Association.

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Virginia

Democrats increase majority in Va. House of Delegates

Tuesday was Election Day in state.

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Virginia Capitol (Washington Blade photo by Michael Key)

Democrats on Tuesday increased their majority in the Virginia House of Delegates.

The Associated Press notes the party now has 61 seats in the chamber. Democrats before Election Day had a 51-48 majority in the House.

All six openly gay, lesbian, and bisexual candidates — state Dels. Rozia Henson (D-Prince William County), Laura Jane Cohen (D-Fairfax County), Joshua Cole (D-Fredericksburg), Marcia Price (D-Newport News), Adele McClure (D-Arlington County), and Mark Sickles (D-Fairfax County) — won re-election.

Lindsey Dougherty, a bisexual Democrat, defeated state Del. Carrie Coyner (R-Chesterfield County) in House District 75 that includes portions of Chesterfield and Prince George Counties. (Attorney General-elect Jay Jones in 2022 texted Coyner about a scenario in which he shot former House Speaker Todd Gilbert, a Republican.)

Other notable election results include Democrat John McAuliff defeating state Del. Geary Higgins (R-Loudoun County) in House District 30. Former state Del. Elizabeth Guzmán beat state Del. Ian Lovejoy (R-Prince William County) in House District 22.

Democrats increased their majority in the House on the same night they won all three statewide offices: governor, lieutenant governor, and attorney general.

Narissa Rahaman is the executive director of Equality Virginia Advocates, the advocacy branch of Equality Virginia, a statewide LGBTQ advocacy group, last week noted the election results will determine the future of LGBTQ rights, reproductive freedom, and voting rights in the state.

Republican Gov. Glenn Youngkin in 2024 signed a bill that codified marriage equality in state law.

The General Assembly earlier this year approved a resolution that seeks to repeal the Marshall-Newman Amendment that defines marriage in the state constitution as between a man and a woman. The resolution must pass in two successive legislatures before it can go to the ballot.

Shreya Jyotishi contributed to this article.

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Virginia

Gay Republican loses race for Virginia lieutenant governor

John Reid became first out nominee for statewide office in Va.

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John Reid lost his bid for Virginia lieutenant governor. (Washington Blade photo by Michael Key)

John Reid, a gay conservative former radio talk show host in Richmond for many years, lost his race as the Republican candidate for lieutenant governor in Virginia on Tuesday, falling short of becoming the state’s first openly gay person to win a statewide office.

According to the Virginia Board of Elections, with votes counted in 129 of the state’s 133 localities, Democrat Ghazala F. Hashmi, a member of the Virginia State Senate, captured 55.45 percent of the vote, with 1,822,889 votes compared to Reid, who received 44.30 percent with 1,456,335 votes.

The election board results at 11:30 p.m. on election night also showed there were 8,391 write-in votes cast in the lieutenant governor’s race at 0.26 percent.

While Reid fell short of becoming Virginia’s first out LGBTQ statewide office holder, Hashmi broke another barrier by becoming both the state and the nation’s first Muslim woman elected to a statewide office.

The Progressive Voters Guide has reported that Hashmi supports LGBTQ rights  as part of a broader progressive agenda that includes public education, reproductive rights, and environmental justice. 

Gay longtime Virginia State Sen. Adam Ebbin (D-Alexandria) endorsed Hashmi’s candidacy and told the Washington Blade he recently took her on a campaign tour of the Del Ray section of Alexandria.

In an interview with the Blade in April, Reid responded to a question of what message he had for LGBTQ voters in Virginia.

“Well, the thing I would say to gay voters who are looking and examining the candidates, is that I was out of the closet as a gay Republican publicly in very difficult rooms where people weren’t accepting of gay men – long before Donald Trump said I don’t care about this stuff,” he said.

“So even though I’m a Republican I know some people in the LGBT community are reflexively hostile to Republicans,” he told the Blade, “I took that step in public, and I think I helped change a lot of minds within the Republican Party and within central Virginia, which continues to be pretty conservative place, by being true to who I am.”

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Virginia

Jones elected next Va. AG

Former delegate to succeed Republican Jason Miyares.

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Jay Jones (Photo via Jay Jones/Facebook)

Former state Del. Jay Jones on Tuesday defeated incumbent Attorney General Jason Miyares in the state’s attorney general race.

Miyares, a Republican who was a former member of the Virginia House of Delegates, has been attorney general since 2022. Miyares lost to his Democratic challenger by a 46.8-52.8 percent margin.

Miyares in a 2023 letter to Republican Gov. Glenn Youngkin said school districts must adhere to the state’s new guidelines for transgender and nonbinary students that activists say could potentially out them. Miyares also joined other state attorneys general who challenged the Biden-Harris administration’s Title IX rules that specifically protected LGBTQ students from discrimination based on their gender identity and sexual orientation.

Youngkin and Miyares earlier this year launched an investigation into how Loudoun County Public Schools has handled the case of three male high school students who complained about a transgender student in a boys’ locker room.

The election took place weeks after screenshots of Jones texting a colleague about a scenario in which he shot former Virginia House Speaker Todd Gilbert, a Republican.

Shreya Jyotishi contributed to this article.

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