Australian Federal Court Ruling Forces Reclassification of LGBT Graphic Novel ‘Gender Queer’

The Australian Federal Court has ordered the Australian Classifications Review Board (ACRB) to review its classification of the graphic novel memoir Gender Queer by non-binary and asexual American author Maia Kobabe. The case has been brought by right-wing activist Bernard Gaynor, who has been calling for the removal of Gender Queer from libraries and bookstores across Australia.

Ruling For Reclassification of Gender Queer

In his ruling on 14 October 2024, Justice Ian Jackman stated that the ACRB had described the 611 public submissions regarding Gender Queer‘s classification as “overwhelmingly anti-LGBTQIA+”, but that only 11.5% of the submissions by number, and less than 1% of individuals who had made submissions (around 9,000) “could possibly be so described”.

Justice Jackman stated that only 35 submissions were in favour of the title retaining its unrestricted classification, but that, of the remaining 576, only 52 “could rationally be regarded as ‘broadly anti-LGBTQIA+'” to which the Minister for Communications added a further 14 for a total of 66.

Because the ACRB had stated that the submissions were broadly homophobic, and given those less weight in their ruling, Jackman stated the review board had “ignored, overlooked or misunderstood those submissions” and that “jurisdictional error” had therefore taken place.

The title will now have to be reclassified, and Justice Jackman has ordered the government to pay Gaynor’s costs.

(Original) classification: unrestricted

In March of 2023, the Sydney branch of Japanese chain bookstore Kinokuniya were independently importing the title from the United States, when they received an official notice from the ACRB to “call in” the title for classification.

Despite the significant per-page cost of independently applying for classification, Kinokuniya paid the $560 fee, and the ACRB classified the title as ‘unrestricted’ on 3 April, 2023.

In July 2023, following over 600 submissions from the public during the review process, the ACRB ruled that Gender Queer would retain its classification of “unrestricted” with the consumer advice of “M – not recommended for readers under 15 years.

On the most recent update, Kinokuniya English Books Division Manager Allyx Lathrope told Star Observer, “The only thing we have to say is we are disappointed that not only the original decision of the Classification Board, but also that of the Classification Review Board, has been called into question, along with their integrity”.

The popular Sydney bookstore has been following the saga closely, and have published updates about the classification changes on the website since 2023.

One image at the centre of the Gender Queer conflict

Like many complainants about Gender Queer, Gaynor focuses on a single image from the 240-page memoir.

The image features Kobabe (who uses e/em/eir pronouns) lying down, fully clothed with hands crossed over eir abdomen. A thought bubble in black and terracotta colours is overhead – reminiscent of an ancient Greek vase – featuring “an elaborate fantasy based on Plato‘s Symposium” of a bearded adult male touching the genitals of a smaller male figure. It is based on “pottery art attributed to the Brygos painter, dated around 4^th BC Athens”, according to the ACRB’s July 2023 review.

In Gaynor’s 2023 call for reclassification, he included a letter from a Dr Lesley-anne Ey, a lecturer in Educational Psychology and Child Protection at the University of South Australia. In the letter, Dr Ey stated that the figures are an adult male and a child aged approximately 12 years of age.

In their July 2023 review, the ACRB stated that the colour and framing of the image indicated that it “is a stylised depiction of the flat, inanimate pottery art, and sets the artwork within its historical context”, and that while clearly a historical artefact and not real characters from within the narrative of the memoir, the image “likely depicts a sexual encounter between an ancient Greek scholar and his student”.

Justice Jackson also ruled that jurisdictional error had been made by the ACRB in its response to Dr Ey‘s letter, because it had not addressed whether the “teacher-student relationship was itself problematic”.

Queer lives in print

Gaynor is far from alone in seeking to remove access to Kobabe’s 2019 autobiographical graphic novel memoir.

In a report released by the American Library Association, Gender Queer topped the list of the top ten most-challenged books of 2023, with 106 individual challenges across the country.

Also in 2023, Gaynor was successful in lobbying for Queensland’s Logan City Council to remove the title from shelves, although it remains available by request and online reservation. In August 2024, Bundaberg Regional Council in Queensland removed the title from the catalogue completely, although it remains accessible through the Brisbane City Council library services.

In a media release on his Facebook page, Gaynor states that “The initial advice I have received is that Gender Queer must immediately be removed from all libraries and bookstores in Australia pending any new decision about this publication“. Star Observer has reached out to several sources regarding this, but has not yet been able to confirm this information.

That this ruling comes just over a fortnight after Banned Book Week reminds us that the work of defending our right to live freely and tell our stories is sadly far from over, and we at the Star Observer hope to bring you happier updates when the title’s reclassification is complete.