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Sunday, August 28, 2022

A Sense of Doubt blog post #2749 - GenderQueer WIN! Ban is UNCONSTITUTIONAL!



A Sense of Doubt blog post #2749 - GenderQueer WIN! Ban is UNCONSTITUTIONAL!


This is a bit of a cheat for today's COMIC BOOK SUNDAY.

I am posting four days late, and so this news has broken SINCE and yet was not yet official on Sunday August 28th, 2022.

But this is great news for Maia Kobabe and Eir's most excellent graphic novel.

So awesome that not everyone in a position of power in this country is not willing to ratfuck the law and the constitution.






https://www.comicsbeat.com/gender-queer-scores-a-win-in-court-as-virginia-judge-dismisses-lawsuit/


GENDER QUEER scores a win in court as Virginia judge dismisses lawsuit

The lawsuit against Maia Kobabe's graphic novel memoir was dismissed today on the grounds that the law it was based on is unconstitutional.

Gender Queer, cartoonist Maia Kobabe‘s graphic novel memoir about eir’s journey of self-discovery with regards to eir gender identity, has over the last year become a prominent target for conservative activists, with more library challenges against it than any other book in the United States. Today saw a small victory for the embattled graphic novel, though, as a Virginia judge threw out a lawsuit against Gender Queer on the grounds that the law the suit was based on is unconstitutional.

The lawsuit, which was filed by Virginia state delegate Tim Anderson, relied on a little-cited section of Virginia law in which petitioners could request a judicial review of a book in order to determine if the work is obscene. Should the review determine that it is, under the law the sale of that book would become illegal. Both Gender Queer and another book, Sarah J. Maas‘s 2016 fantasy novel A Court of Mist and Fury, were being challenged by Anderson’s lawsuit.

The decision today to toss the case was issued by Virginia circuit judge Pamela S. Baskervill, who granted a motion by Kobabe’s attorneys along with those filed by other Virginia booksellers and national retailer Barnes & Noble, and ultimately found the law in question unconstitutional under both the 1st Amendment of the U.S. Constitution and the Virginia Constitution.

For more context and in-depth analysis, Comic Book Legal Defense Fund interim director (and occasional Beat contributorJeff Trexler posted a long thread on the CBLDF’s Twitter feed breaking down Baskervill’s decision.

While the court’s decision to dismiss the case against Gender Queer today has no impact on the regular library challenges the book has been receiving from Conservative groups, it’s still a nice victory for Kobabe, and one that will potentially lead those aforementioned groups to think twice before trying something similar with other books they might deem inappropriate for the children. Will it, though? Probably not. But a person can dream.


RELATED AND MORE...






My own post on GENDERQUEER:

Saturday, February 5, 2022



ALSO, check out WONKETTE'S coverage of this same issue:


 



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- Bloggery committed by chris tower - 2208.28 - 10:10

- Days ago = 2613 days ago

- New note - On 1807.06, I ceased daily transmission of my Hey Mom feature after three years of daily conversations. I plan to continue Hey Mom posts at least twice per week but will continue to post the days since ("Days Ago") count on my blog each day. The blog entry numbering in the title has changed to reflect total Sense of Doubt posts since I began the blog on 0705.04, which include Hey Mom posts, Daily Bowie posts, and Sense of Doubt posts. Hey Mom posts will still be numbered sequentially. New Hey Mom posts will use the same format as all the other Hey Mom posts; all other posts will feature this format seen here.

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