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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.

ā€œWe are pleased with the outcome of today’s proceedings,ā€ said Matt Callahan, senior staff attorney for the ACLU of Virginia. ā€œThe 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.ā€

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

Fairfax County School Board issues Trans Day of Visibility proclamation

Activists hold rally supporting measure

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Fairfax County School Board members, students, parents and other supporters gather on the stage at Luther Jackson Middle School auditorium on Thursday, March 27 following the passage of a proclamation recognizing Transgender Day of Visibility in Fairfax County Public Schools. (Washington Blade photo by Michael Key)

A group of more than 100 supporters gathered outside of Luther Jackson Middle School in Falls Church, Va., on Thursday, March 27 to show appreciation for the passage of a Transgender Day of Visibility proclamation by the Fairfax County School Board. The board unanimously passed the proclamation in its general meeting held in the auditorium of the middle school that evening.

Karl Frisch, Fairfax County School Board chair, introduced the proclamation recognizing March 31 as Transgender Day of Visibility in Fairfax County Public Schools.

The Fairfax County School Board passed the proclamation, which “encourages all to promote a caring culture of equity, inclusivity and respect for transgender people, not only on this special day but throughout the entire year as well.”

Vanessa Hall, co-chair of FCPS Pride, was among the speakers and organizers of the Transgender Day of Visibility rally preceding the school board meeting.

“In this world right now, this world which feels so chaotic and threatening — which really seems to be overly focused on trans children, removing their rights — we need to take this opportunity to gather our community, to celebrate joy, to see each other and to gather our strength for the next attack, frankly,” Hall told the Blade.

Activists gather outside of Luther Jackson Middle School on Thursday, March 27 before the Fairfax County School Board meeting. (Washington Blade photo by Michael Key)

Rev. Emma Chattin of the Metropolitan Community Church of Northern Virginia was among the speakers at the rally.

“We have to be visible — all of us — friends, family, allies, speak up!” Chattin called out to the crowd. “To do otherwise does a disservice to the strong souls that came before us. For the struggles that they faced are now ours. The spirits of Marsha P. Johnson and Sylvia Rivera look to us now. Because liberation is a long, long struggle. We are not helpless and we cannot be hopeless. Our time is now. We are a powerful people. We leave a mark and we will not be erased.”

A rally is held outside of Luther Jackson Middle School on Thursday, March 27 in support of LGBTQ students. (Washington Blade photo by Michael Key)
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Virginia

Virginia governor vetoes bill barring discrimination against PrEP users

Youngkin’s move disproportionately impacts LGBTQ community

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PrEP reduces the risk of acquiring HIV from sex by about 99% when taken as prescribed.

Virginia Gov. Glenn Youngkin this week vetoed a bill that would have made it illegal for health and life insurance companies to discriminate against individuals who have taken pre-exposure prophylaxis (PrEP) for HIV prevention.

House Bill 2769, titled Life or Health Insurances; Unfair Discrimination, Pre-Exposure Prophylaxis for Prevention of HIV, was passed by both chambers of the Virginia General Assembly. The bill cleared the Virginia House of Delegates with 53 yeas and 44 nays and the Senate of Virginia with 24 yeas and 15 nays.

Under the Affordable Care Act, PrEP is covered by most insurance companies, meaning the medication should be available through employer-sponsored private health insurance plans, individual healthcare plans purchased via HealthCare.gov or state-based marketplaces, as well as Medicaid expansion coverage.

If the Virginia General Assembly fails to override Youngkin’s veto, insurance companies operating in Virginia will be allowed to continue discriminating against PrEP users by charging them higher premiums or even denying them coverage altogether.

According to recent data from UNAIDS, gay men and other men who have sex with men are 7.7 times more likely to contract HIV. Since the first cases of HIV were reported, 78 million people have been infected with the virus, and 35 million have died from AIDS-related illnesses.

Currently, there are three FDA-approved forms of PrEP: Truvada (emtricitabine/tenofovir disoproxil fumarate), available for individuals of all genders; Descovy (emtricitabine/tenofovir alafenamide), approved for use by individuals assigned male at birth; and Apretude (cabotegravir), an injectable PrEP administered every other month by a healthcare professional.

According to the FDA, PrEP reduces the risk of acquiring HIV from sex by about 99% when taken as prescribed and lowers the risk by at least 74% among people who inject drugs. Since its approval, the World Health Organization (WHO) estimates that 3.5 million people received PrEP at least once in 2023.

Despite the bill’s passage in the Democratic-controlled General Assembly, Youngkin vetoed the legislation, a move that disproportionately impacts the LGBTQ community and others at higher risk of HIV.

The Washington Blade reached out to Youngkin’s office for comment but has not received a response.

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Pride Liberation Project announces additional Va. school board protests

Student-led group challenging Trump-Vance administration’s anti-LGBTQ policies

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LGBTQ students demonstrate at Luther Jackson Middle School in Falls Church, Va., in June 2023. (Washington Blade photo by Michael Key)

Following their recent protests at school board meetings in Virginia to challenge the Trump-Vance administration’s anti-LGBTQ policies, a student-led rights group on Wednesday outlined plans to continue their actions.

The Pride Liberation Project released a statement in early March announcing their ā€œMarch Month of Actionā€ after their first round of protests. The Pride Liberation Project on Wednesday issued another press release that provided additional details.

ā€œQueer students will rally at local school board meetings across Virginia, as they call for education leaders to reject the Trump-Musk’s administration escalating attacks against queer people.ā€ said Conifer Selintung on behalf of the Pride Liberation Project. ā€œSince taking office, the Trump-Musk administration has ignored the real issues facing our schools — like declining reading scores and the mental health crisis — and tried to bully queer students into the closet. Alongside other hateful attacks, they’ve attacked nondiscrimination protections, banned gender-affirming care, and whitewashed history.ā€

The Pride Liberation Project press release also included a statement from Moth, an LGBTQ student at McLean High School.

ā€œI want to be able to go to school as myself, just like any other student,ā€ said Moth. ā€œTo do that, I need my school board to stand up to bullies.ā€

The Pride Liberation Project has also released a schedule of rallies it plans to hold this month.

The first rally took place at the Prince William County School Board meeting in Manassas on Wednesday. A second event took place at the Roanoke County School Board meeting on Thursday.

Additional rallies are scheduled to take place in Rockingham and York Counties on March 24, Loudoun County on March 25, and Fairfax County on March 27.

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