The two books being challenged in the lawsuit are Maia Kobabe’s “Gender Queer,” a memoir about identifying as nonbinary, and Sarah J. Maas’s fantasy novel “A Court of Mist and Fury'.
drawn objections for their sexual material. The suit, filed in Virginia Beach Circuit Court by Del. Tim Anderson and congressional candidate Tommy Altman, aimed to prevent the Virginia Beach school system and locations of the private bookseller Barnes & Noble from selling the books to children without first obtaining parental consent.part of Virginia’s state law dealing with obscenity
Baskervill, who came out of retirement to rule because the other judges in Virginia Beach recused themselves, also found that the plaintiffs had failed to establish that either book was obscene under Virginia law. “The Petition does not allege facts sufficient to support a finding ... that the Book is obscene,” Baskervill wrote of both “Gender Queer” and “A Court of Mist and Fury.
He added that he believes justice has been done: “The fact is, [‘Gender Queer’] is not obscene, this is a work with serious, substantial, artistic, literary and political significance ... This case should never have been brought, and a case like this should never be brought again.”
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