Maia Kobabe’s memoir about her experiences of coming out as non-binary has been reapproved for sale in Australia after being reviewed for a second time the Australian Classification Review Board.
The book had been targeted by a campaign led by for conservative commentator Bernard Gaynor who is opposed to the work being available to Australian audiences.
Last year the federal court ordered the Classification Review Board to review its decision to give the work an unrestricted M classification. In court Gaynor successful gained an order for the book to be reviewed a second time with the court finding their first review had not fully accessed objections to the work, giving a “broadbrush dismissal” to concerns and labelling them as anti-LGBTQ campaigning.
The were 611 public submissions to the review, and the court heard that only 35 submissions were supportive of the book, and only 52 could be classified as being 52 could fairly be described as anti-LGBTIQA+. The Minister for Communication has also passed on 14 additional public comments, of which only 14 could be classified as anti-LGBTIQA+.
The book has been accessed again by a three-member panel, none of whom were involved in the original review. They reached the same conclusion that the book can be sold in Australia.
Maia Kobabe’s graphic novel memoir is one of the most challenged books in the USA in recent years. Complaints about the novel largely focus on one panel in the story.
It shows Kobabe, lying down, fully clothed, with hands played over their abdomen. A thought bubble appears overhead depicting a fantasy which is similar to a depiction on an ancient Greek vase. Critics of the book argue that this image should be classified as child pornography.
The Review Board found that descriptions and depictions of sexual activity within the book are justified by context, noting that they were integral part of the author’s journey and struggle with sexuality and gender.
They also noted that the depictions were highly stylised and contain little or no realistic detail, nor were the exploitative or gratuitous. They also said the depictions of sexual activity were infrequent in the context of the publication as a whole.
“The impact of the nudity is no higher than moderate and can be accommodated at the unrestricted level,” the board said.
The board said the Plato’s Symposium image is “highly stylised”, does not depict sexual activity in a detailed or realistic manner, and it is not possible to determine the age of the two male figures in the image.
“The most that can accurately be said is that the panel contains a depiction of an older-looking male and a younger-looking male.”
On balance, the board said it did not accept that the image depicts, or appears to depict, an adult and a minor.
“The impact of the image is further reduced by the fact it mimics an ancient Greek vase.”
The Australian Library and Information Service provided a submission to the review supporting the book being available in Australia.
“Books such as Gender Queer which have a first-person narrative from a non-binary person play a particularly important role in reducing prejudice and increasing understanding,” the peak library organisation said in its submission. “It is important to also acknowledge the support the novel Gender Queer can give to people who are nonbinary, transgender and/or asexual.
“Theirs is a story that is not often told which can delay self-awareness and coming out to friends and family.” they said.
Earlier this month the American Library Association shared its annual list of banned books noting that Kobabe’s Gender Queer remained one of the most challenged books.
Bernard Gaynor has previously been a political candidate for the Bob Katter party and also stood for the short-lived right wing party Australian Liberty Alliance.
Back in 2014 he shared his views on homosexuality, telling OUTinPerth he was in favour of public displays of homosexuality being made illegal.
In recent year’s he turned his attention to monitoring Australian bookstores and libraries for content that he feels should not be available to Australian audiences. Recently he’s served as a mentor to the Albany based group Keeping Children Safe Albany who have been pushing for sex education books to be removed from their local library.
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