Virginia
Va. court dismisses obscenity case against LGBTQ books
Ruling found petitions violated First Amendment
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.
Virginia
Gay Va. State Sen. Ebbin resigns for role in Spanberger administration
Veteran lawmaker will step down in February
Alexandria Democrat Adam Ebbin, who has served as an openly gay member of the Virginia Legislature since 2004, announced on Jan. 7 that he is resigning from his seat in the State Senate to take a job in the administration of Gov.-Elect Abigail Spanberger.
Since 2012, Ebbin has been a member of the Virginia Senate for the 39th District representing parts of Alexandria, Arlington, and Fairfax counties. He served in the Virginia House of Delegates representing Alexandria from 2004 to 2012, becoming the state’s first out gay lawmaker.
His announcement says he submitted his resignation from his Senate position effective Feb. 18 to join the Spanberger administration as a senior adviser at the Virginia Cannabis Control Authority.
“I’m grateful to have the benefit of Senator Ebbin’s policy expertise continuing to serve the people of Virginia, and I look forward to working with him to prioritize public safety and public health,” Spanberger said in Ebbin’s announcement statement.
She was referring to the lead role Ebbin has played in the Virginia Legislature’s approval in 2020 of legislation decriminalizing marijuana and the subsequent approval in 2021of a bill legalizing recreational use and possession of marijuana for adults 21 years of age and older. But the Virginia Legislature has yet to pass legislation facilitating the retail sale of marijuana for recreational use and limits sales to purchases at licensed medical marijuana dispensaries.
“I share Governor-elect Spanberger’s goal that adults 21 and over who choose to use cannabis, and those who use it for medical treatment, have access to a well-tested, accurately labeled product, free from contamination,” Ebbin said in his statement. “2026 is the year we will move cannabis sales off the street corner and behind the age-verified counter,” he said.
Virginia
LGBTQ groups to join Spanberger inaugural parade
Virginia Pride among more than 25 orgs to march in Jan.17 event
Virginia Gov.-Elect Abigail Spanberger’s inaugural committee announced on Jan. 2 that at least two LGBTQ organizations will be among more than 25 state-based organizations, including marching bands, that will participate in her inaugural parade on Jan. 17.
A statement released by the inaugural committee says the parade will take place immediately after Spanberger is sworn in as Virginia’s 75th governor and delivers her inaugural address in Richmond.
The statement lists the LGBTQ groups Virginia Pride and Diversity Richmond as two groups participating in the parade, although the two groups merged in 2021, with Virginia Pride becoming a project of Diversity Richmond. Among other things, Virginia Pride organizes Richmond’s annual LGBTQ Pride events.
“A display of the impressive talent and beauty of every corner of Virginia, our inaugural parade will be a celebration of all that makes our Commonwealth strong,” Spanberger said in the Jan. 2 statement. “I’m excited for attendees in the stands on Capitol Square and families watching together at home to see this incredible showing of Virginia pride,” she said.
James Millner, who serves as director of Virginia Pride, told the Washington Blade about 75 people are expected to join the Virginia Pride-Diversity Richmond contingent in the parade. He said among them will be members of other Virginia LGBTQ organizations.
“We’re going to invite our staff, our board, our volunteers, and our community partners to join us,” Millner said.
“We are thrilled and honored to have been invited to participate in Abigail Spanberger’s inauguration festivities,” he added. “I think this represents a marked change from the previous administration and demonstrates what she campaigned on – which is she sees the diversity of the Commonwealth as a strength that needs to be celebrated,” he said. “And we are very happy that she has invited us to represent the diversity of the commonwealth.”
Millner appeared to reflect on the sentiment of the large majority of Virginia’s LGBTQ community in its support for Democrat Spanberger over Republican Lt. Gov. Winsome Earle-Sears in the November 2025 Virginia election and the end of incumbent GOP Gov. Glenn Youngkin’s term in office on Jan. 17.
“After what we’ve been through with the Younkin administration, especially in its treatment of LGBTQ folks, especially transgender and nonconforming folks, I think we are all breathing easy and excited about what opportunities will exist in working with Abigail Spanberger,” he told the Blade.
Virginia
DOJ seeks to join lawsuit against Loudoun County over trans student in locker room
Three male high school students suspended after complaining about classmate
The Justice Department has asked to join a federal lawsuit against Loudoun County Public Schools over the way it handled the case of three male high school students who complained about a transgender student in a boys’ locker room.
The Washington Blade earlier this year reported Loudoun County public schools suspended the three boys and launched a Title IX investigation into whether they sexually harassed the student after they said they felt uncomfortable with their classmate in the locker room at Stone Bridge High School in Ashburn.
The parents of two of the boys filed a lawsuit against Loudoun County public schools in U.S. District Court for the Eastern District of Virginia in Alexandria. The Richmond-based Founding Freedoms Law Center and America First Legal, which White House deputy chief of staff Stephen Miller co-founded, represent them.
The Justice Department in a Dec. 8 press release announced that “it filed legal action against the Loudoun County (Va.) School Board (Loudoun County) for its denial of equal protection based on religion.”
“The suit alleges that Loudoun County applied Policy 8040, which requires students and faculty to accept and promote gender ideology, to two Christian, male students in violation of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution,” reads the press release.
Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division in the press release said “students do not shed their First Amendment rights at the schoolhouse gate.”
“Loudoun County’s decision to advance and promote gender ideology tramples on the rights of religious students who cannot embrace ideas that deny biological reality,” said Dhillon.
Outgoing Virginia Gov. Glenn Youngkin and outgoing Virginia Attorney General Jason Miyares in May announced an investigation into the case.
The Virginia Department of Education in 2023 announced the new guidelines for trans and nonbinary students for which Youngkin asked. Equality Virginia and other advocacy groups claim they, among other things, forcibly out trans and nonbinary students.
The U.S. Department of Education’s Office of Civil Rights in February launched an investigation into whether Loudoun County and four other Northern Virginia school districts’ policies in support of trans and nonbinary students violate Title IX and President Donald Trump’s executive order that prohibits federally funded educational institutions from promoting “gender ideology.”
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