SB 835 would remove statutory definition of homosexuality as “sexual conduct” for purposes of books sold, loaned, or displayed to juveniles
Richmond, VA – Today the Senate approved bipartisan legislation (SB835), which Senator Scott Surovell (D-Mt. Vernon) introduced, by a vote of 25-12. The legislation will remove same sex relationships from the state’s definition of obscene sexual content for purposes of sales, rent or loans of content to juveniles. “Written depictions of homosexual couples eating dinner or going to a movie is not ‘sexual conduct’ that should be treated like Penthouse Magazine,” Surovell said. “Removing homosexuality from the definition updates the criminal statute to be in line with a modern understanding of sexual behavior and eliminates historic stigma.”
Making Virginia a more welcoming place for all people is important to Surovell. In 2020, he carried legislation to allow non-binary Virginians to use an X for their gender on DMV documents such as drivers licenses. “Virginians should always feel safe living as their true selves,” Surovell said. “I thank my colleagues in the Senate for their bipartisan support of this bill. The language in today’s Code is likely unconstitutional and unenforceable especially after the Obergefell decision. Healthy homosexual relationships have been depicted in written, audio and visual media for decades and keeping language in the Code of Virginia that makes such content a misdemeanor are anachronisms.”
The Virginia criminal code prohibits selling or renting media which includes sexual conduct to minors and defines sexual conduct to include “actual or explicitly simulated acts of . . . homosexuality.” The legislation, which is also carried by Del. Karrie Delaney (D-Fairfax) in the House of Delegates, will delete the word “homosexuality.” Experts believe that children who see representations in media of people who look like them and have similar experiences can help develop a sense of identity and self-worth.1
The next step for the legislation will be referral to the House for approval. If it is approved by the legislature and signed by the governor, it will become law in July 2023.
1Action for Children. “Representation Matters: Are LGBTQ+ young people seeing themselves represented in the media?”
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Senator Scott A. Surovell represents parts of Fairfax, Prince William, and Stafford Counties since 2015. Prior to his time in the Senate, Surovell served six years in the House of Delegates. Surovell lives in Mt. Vernon with his wife and four children. He practices law and has dedicated his legislative career to fighting for Northern Virginia’s fair share, protecting consumers, and preserving our environment for future generations.