Faith, Freedom, and the Law: The Saga of "Gender Queer" in Australia - A book at the centre of a culture war

In recent years, the intersection of faith, law, and literature has been vividly illustrated by the Australian legal battles over Gender Queer, a graphic memoir by Maia Kobabe. This book, which chronicles the author’s journey of coming out as non-binary, has become a lightning rod for debates about censorship and LGBT+ rights. For progressive Christians, this case offers a unique lens through which to reflect on justice, compassion, and the ongoing struggle for inclusion.

A book at the centre of a culture war

Gender Queer is not just a memoir; it is a testament to the power of storytelling for marginalised voices. While celebrated internationally and awarded for its literary merit, the book has also faced fierce opposition, particularly from conservative activists who argue that its depictions of sexuality are inappropriate for young readers.

In Australia, the book’s journey began in earnest when Bernard Gaynor, a conservative Catholic activist, lodged complaints with libraries and the Australian Classification Board, seeking to have the book banned or heavily restricted. Gaynor’s activism was rooted in his belief that the book contained “pornographic” and “paedophilic” material—a claim strongly contested by educators, librarians, and LGBT+ advocates.

The legal odyssey

The Classification Board initially reviewed Gender Queer and, in April 2023, classified it as “Unrestricted” with a consumer advisory: “M – Not recommended for readers under 15 years.” This decision was upheld by the Classification Review Board in July 2023, despite a wave of public submissions—most of which, upon closer inspection, focused on concerns about the book’s content rather than anti-LGBTQIA+ sentiment.

Unwilling to accept this outcome, Gaynor took the matter to the Federal Court, arguing that the Review Board had mischaracterised public submissions and failed to properly consider expert evidence. In October 2024, the Federal Court agreed, finding that the Review Board had made jurisdictional errors, particularly in dismissing the majority of public objections as “broadly anti-LGBTQIA+” and not fully engaging with expert concerns about depictions of teacher-student relationships in the book’s artwork. The court quashed the previous classification and ordered a new review, temporarily casting uncertainty over the book’s future in Australia.

Case law and the final outcome

The Federal Court’s decision in Gaynor v Minister for Communications [2024] FCA 1186 was a pivotal moment in the saga. Importantly, the court did not itself ban Gender Queer, but found that the Classification Review Board had made legal errors in its process—specifically, by mischaracterising public submissions and not fully considering expert evidence. The court’s remedy was to quash the previous classification and order a new review by the Board, emphasising the need for procedural fairness and proper engagement with all relevant material.

Crucially, when the newly constituted Classification Review Board conducted its fresh review in April 2025, it reached the same substantive outcome as before: Gender Queer was again classified as “Unrestricted” with an M advisory. This demonstrates the distinction between judicial review (which ensures the process is fair and lawful) and merits review (which determines the actual outcome based on the facts and law). The court did not substitute its own view about the book’s content, but ensured the Board followed the correct process. Ultimately, after a lawful and thorough review, the Board reaffirmed the book’s availability, highlighting the resilience of both the legal system and the principles of free expression and inclusion.

A victory for inclusion and artistic freedom

On 22, April 2025, after this fresh review, a new panel of the Classification Review Board unanimously reaffirmed the book’s original classification: Gender Queer remains “Unrestricted” with an M advisory. The Board recognised the book’s “literary, artistic, and educational value,” emphasising the importance of diverse narratives and the need to protect, not silence, marginalised voices.

This outcome is a testament to the resilience of those who advocate for inclusion, understanding, and the free exchange of ideas. It also highlights the importance of due process and careful consideration in matters where law, morality, and public interest intersect.

Reflections for Progressive Christians

For those of us committed to a faith that embraces justice, compassion, and the dignity of all people, the Gender Queer saga is more than a legal drama, it is a call to action. It challenges us to stand with those on the margins, to defend the right to tell one’s story, and to ensure that our laws reflect both the diversity and the shared humanity of our society.

The activism of Bernard Gaynor, while founded in his own convictions, serves as a reminder of the power individuals have to shape public discourse. Yet, as progressive Christians, we are called to use our voices to build bridges, not walls; to foster understanding, not fear; and to champion a vision of community where all are welcome at the table.

The journey of Gender Queer through Australia’s legal and cultural landscape is far from over, but its latest chapter is a hopeful one. As people of faith, let us continue to pray, advocate, and work for a world where every story can be told, every voice can be heard, and every person can find belonging.