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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

Virginia Anti-Violence Project struggles to fill federal funding gaps

Group has lost 54 percent of funding since 2020

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Federal funding cuts have left the Virginia Anti-Violence Project struggling to continue its advocacy efforts in the state. (Washington Blade photo by Michael Key)

A loss of federal funding has threatened to adversely impact the Virginia Anti-Violence Project’s work in the state.

The group’s mission is to assist LGBTQ and BIPOC (Black, Indigenous and people of color) victims of domestic, sexual, interpersonal, and state violence with direct support, education, and advocacy. The VAVP seeks to build a future where LGBTQ and BIPOC individuals can live freely without a sense for worry about violence. 

“Virginia Anti-Violence Project helps to close the distance between services existing and LGBTQIA+ survivors actually being able to reach safety, stable housing, and support that they can trust,” VAVP Executive Director Ebony Clark told the Washington Blade on Tuesday. “Our mission is to provide direct services and advocacy to LGBTQ+ survivors across Virginia.”

Clark said obtaining state and federal funds has become increasingly difficult.

“One of the reasons that we can talk about is politics and how you know queer diverse, queer communities are targets when it comes to politics, and so that may be a reason why the funding is decreasing in in very niche areas, but overall, state funding, federal funding has been lost or significantly reduced when it comes to culturally specific marginalized populations,” Clark said. “The bigger picture is that funding that was purposed for diversity, equity, inclusion, marginalized populations, or you know culturally competent programming, those funds have been strategically reduced or eliminated on state and federal levels overall.” 

Even more so with the current Trump-Vance administration.

Data shows federal funding for one “major federal victim-services funding stream in” Virginia has dropped 54 percent over the last six years: from $25.1 million in fiscal year 2020 to $11.6 million in fiscal year 2026.

Clark noted some federal funding has been denied due to VAVP’s DEI policies — it has had to “water down” their language. These cuts have forced VAVP to limit housing and economic support, which has resulted in fewer resources for its clients.

The organization has set up a goal for receiving between $250,000-$300,000 a year that would allow it to operate — and focus on client housing.

“Housing is fundamental to safety,” Clark told the Blade. “If you know leaving violence puts someone on the street or forces them back to the person harming them, that means the crisis isn’t over. So there needs to be other prevention strategies and reactive strategies in place to be able to prevent further violence from folks.” 

VAVP has set up a link for anyone who is interested in making a donation. It is here.

The VAVP website is also accepting donations.

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Virginia

Winsome Earle-Sears ‘Life and Marriage Tour’ to include Northern Va. stops

Voters to consider marriage equality, reproductive rights referenda in November

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Former Virginia Lt. Gov. Winsome Earle-Sears (Washington Blade photo by Michael Key

Former Virginia Lt. Gov. Winsome Earle-Sears has announced her campaign against efforts to enshrine marriage equality and reproductive rights in the state constitution will make several stops in Northern Virginia.

Her “Life and Marriage Tour” will include stops in Manassas, Winchester, and Harrisonburg. Earle-Sears said the “Life and Marriage Tour” will also travel to Virginia Beach, Lynchburg, Roanoke, Charlottesville, and other cities across Virginia “throughout September and October.”

The announcement did not include specific dates.

“Virginia, you’ve been asking where the Life and Marriage Tour is headed — here’s a look at our current tour locations,” she said on X on Tuesday. “We’ll be traveling across the commonwealth throughout September and October, and we’re still building the journey.”

Current Gov. Abigail Spanberger, a Democrat, last November defeated Earle-Sears, a Republican, in the race to succeed Republican Glenn Youngkin.

Voters in 2006 approved the Marshall-Newman Amendment, which defined marriage in Virginia as between a man and a woman.

Same-sex couples have been able to legally marry in Virginia since 2014. Youngkin a decade later signed a bill that codified marriage equality in state law.

Two successive legislatures must approve a proposed constitutional amendment before it can go to the ballot.

Spanberger signed bills that finalized the marriage equality and reproductive rights referenda’s language.

The referenda will take place on Nov. 3.

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Doug Ollivant to face Eugene Vindman in Va. 7th Congressional District

Republican defeated challengers in Tuesday’s primary

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<strong.Doug Ollivant (Screen capture via @DougForVirginia/YouTube)

Republican Doug Ollivant will face off against incumbent U.S. Rep. Eugene Vindman (D-Va.) in Virginia’s 7th Congressional District.

Ollivant defeated his Republican opponents in Tuesday’s primary. Vindman ran unopposed.

Vindman in 2024 ran to succeed then-Congresswoman Abigail Spanberger in the U.S. House of Representatives after she ran for governor. Spanberger succeeded Republican Gov. Glenn Youngkin in 2025.

U.S. Sen. Mark Warner (D-Va.) on Tuesday easily won his primary. All other Democratic incumbent members of Congress from Northern Virginia also won their respective primaries.

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