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Losing鈥擜nd Then Winning: The Story of Virginia鈥檚 HB 516

This post is written by member, Leila Christenbury.聽

Not all stories have happy endings, but this one does. Thanks to the work of many in 91探花 and in the not to mention the courage of Virginia鈥檚 governor, unfair and indiscriminate restrictions on good literature have been beaten back.

The story begins in spring 2012 when Lake Braddock High School (Virginia) senior Blake Murphy had nightmares. The 鈥渢rigger鈥 was his AP English-assigned text, 鈥檚 Pulitzer Prize鈥搘inning Calling the novel 鈥渄isgusting鈥 and 鈥済ross,鈥 Blake told his mother Laura he could not finish the book. Subsequently, Laura Murphy asked the Lake Braddock English Department, then the Fairfax County Public Schools superintendent, and then the Fairfax County School Board to remove Beloved from its reading lists. Laura Murphy鈥檚 concerns, however, extended beyond her son and beyond Beloved: She asked for a mandatory review process whereby all English teachers would notify parents of the possible use of any text that contained what she termed 鈥渟exually explicit content鈥 and to allow students to opt out of the reading.

While the Fairfax County Public Schools administration and School Board denied Ms. Murphy鈥檚 request, she persisted. Her son Blake was long graduated from Lake Braddock, but she took her cause to the Virginia Board of Education and then to the Virginia General Assembly. For the next few years the prospective legislation advanced and was beaten back, and VATE members and the VATE Board provided rationales, wrote public comments, spoke at public hearings, and passed official resolutions.

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The legislation, now known as , however, gathered momentum and, in Spring 2016, it passed both bodies in the Virginia General Assembly. One Virginia legislator noted that while he had only read excerpts of Beloved, it was clear that 鈥渆vil is . . . a kitten . . . You feed it, it becomes a lion and eats you.鈥 With HB 516 in place, Virginia was now in line to be the first state to regulate curriculum and to require parental notification regarding reading texts that could even vaguely be touted as having 鈥渟exually explicit content.鈥 The only recourse would be a veto of HB 516 by Virginia鈥檚 Governor, Terry McAuliffe.

Thanks to quick work on behalf of 91探花, the governor鈥檚 office indicated that it would be willing to meet with 91探花/VATE representatives, and on March 31, as a former VATE Board member, past president of 91探花, and a lifetime English educator, I met at the state capitol with Bob Brink, Senior Legislative Advisor to the Governor, and Jennie O鈥橦olleran, Senior Policy Advisor. I prepared carefully for the meeting and during my 30 minutes outlined the concerns about intellectual freedom, the definition of 鈥渟exually explicit,鈥 and the real possibility that this notification issue could extend not only to the English classroom but to student independent reading and to the contents of the school library. The gravity of the issues was outlined, and while I stressed that a veto would be politically unpopular, it was clearly our last resort. We had lost, but with a veto, we could still win. Both Brink and O鈥橦olleran were welcoming and well-informed about the issues; they promised nothing, but I left the meeting feeling heard, if not hopeful.

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Remarkably, April 4, just days later, , writing, 鈥渢his legislation lacks flexibility and would require the label of 鈥榮exually explicit鈥 to apply to an artistic work based on a single scene, without further context. Numerous educators, librarians, students, and others involved in the teaching process have expressed their concerns about the real-life consequences of this legislation鈥檚 requirements.”

The veto of HB 516 is a great win for all of us who cherish intellectual freedom. Led by VATE Outreach and Advocacy Chair Sarah Crain and assisted by VATE executive secretary Chuck Miller, VATE presidents Tori Otstot and Kelly Trump, VATE VDOE Liaison Tracy Fair Robertson, and VATE College Member-at-Large Ross Collin, the organization was, over a period of years, persistent, proactive, and determined. With the help of 91探花, notably Millie Davis and LuAnn McNabb, crucial contact was established with the governor鈥檚 office, the issues were outlined, the case made once again, and, with the veto, the battle was won.

I am proud to have had a small part in this four-year endeavor and am even more proud of the terrific work of VATE and 91探花. I would not wish on any organization a similar challenge, but it is most heartening to know that this story has a very happy ending.

Leila Christenbury is Commonwealth Professor at Virginia Commonwealth University, Richmond. She is the recipient of , a past president of 91探花, and a former editor of