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West Virginia bill would make schools, libraries criminally liable for 'obscene' content

Multiple shelves hold various books.
Multiple shelves hold various books. | Getty Images

West Virginia lawmakers are considering a bill that would make schools, public libraries and museums criminally liable for exhibiting or distributing obscene content to minors. 

House Bill 4654 would amend a section of the Code of West Virginia to remove criminal exemptions for schools, public libraries and museums found to be displaying or distributing "obscene matter" to children. 

The state code considers obscene material to be content that features or describes sexually explicit content or specific bodily functions. 

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The bill was introduced earlier this month and referred to the House Judiciary Committee, which removed the legislation from the agenda and held a hearing last Wednesday in the House chamber, reported The Parkersburg News and Sentinel

During the Wednesday hearing, supporters read from books such as Let's Talk About It: The Teen's Guide to Sex, Relationships, and Being a Human, citing it as an example of obscene material featured in multiple schools and libraries. The graphic novel includes details about sex and sexuality, and it is targeted at a young adult audience. 

Wood County Schools officials removed the book from the shelves in January 2023 after it was challenged, according to The News and Sentinel. Jessica Rowley, a Wood County resident, held up a copy of the book during the hearing. 

"It was in Parkersburg South High School and was put in the library by a high school principal," Rowley said, asking them if state officials want their children to read this type of literature.

Daniel Curry, a minister at the Camden Avenue Church of Christ in Parkersburg, another supporter of the bill, argued that adults have a "God-given responsibility" to protect children. He also questioned why obscene materials are necessary to have in libraries.

Various representatives from the West Virginia Library Association and library officials from around the state also spoke during the hearing. Brian Raitz, director of the Parkersburg & Wood County Public Library, asserted that parents can monitor what their children read.

"We protect your freedom; your freedom to read," Raitz said. "We believe we should not be that gatekeeper. In order to best serve our community and protect the children there, we believe that the parents have the best ability to do so. In our library, our policies reflect that." 

Another opponent of the bill, Andrew Schneider, executive director of Fairness West Virginia, argued that legislation like HB 4654 blocks access to books and other materials related to LGBT issues. 

"The stories and books about our lives are not obscene," Schneider claimed. "Nothing in HB 4654 changes that. Let's be clear: This is a bad bill."

Throughout the country, multiple parents have spoken out during school board meetings about the books their children are exposed to, arguing that they have a right to determine what content their kids should be exposed to. 

In June, a group of interfaith parents demonstrated against the Montgomery County Public Schools system in Maryland for requiring their children all students to participate in LGBT-inclusive lessons. The parents demanded the school restore their right to exempt their children from being exposed to LGBT lessons and books. 

The American Library Association released data in September 2022 ahead of "Banned Books Week" that showed an increase in efforts to ban or restrict books in school libraries. 

Samantha Kamman is a reporter for The Christian Post. She can be reached at: samantha.kamman@christianpost.com. Follow her on Twitter: @Samantha_Kamman

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