Section 28
Encyclopedia
Section 28 of the Local Government Act 1988
caused the controversial addition of Section 2A to the Local Government Act 1986
(affecting England, Wales and Scotland), enacted on 24 May 1988 and repealed on 21 June 2000 in Scotland, and on 18 November 2003 in the rest of Great Britain by section 122 of the Local Government Act 2003
. The amendment stated that a local authority
"shall not intentionally promote homosexuality
or publish material with the intention of promoting homosexuality" or "promote the teaching in any maintained school of the acceptability of homosexuality as a pretended family relationship".
Because it did not create a criminal offence, no prosecution was ever brought under this provision, but its existence caused many groups to close or limit their activities or self-censor. For example, a number of lesbian
, gay
and bisexual
student support groups in schools and colleges across Britain were closed owing to fears by council legal staff that they could breach the Act.
While going through Parliament, the amendment was constantly relabelled with a variety of clause numbers as other amendments were added to or deleted from the Bill
, but by the final version of the Bill, which received Royal Assent
, it had become Section 28. Section 28 is sometimes referred to as Clause 28 – in the United Kingdom, Acts of Parliament
have sections, whereas in a Bill (which is put before Parliament
to pass) those sections are called clauses. Since the effect of the amendment was to insert a new section '2A' into the previous Local Government Act, it was also sometimes referred to as Section 2A.
.
The 1980s was the era of Margaret Thatcher
's Government, which brought large-scale social changes (see: Thatcherism
); it was also the era in which AIDS
was first reported. The spread of AIDS brought about widespread fear, much of which was directed at homosexuals and bisexuals. The first recorded victims of the disease were a group of homosexual men, and the disease became particularly associated in the media, and at first even in medical circles, with homosexuals in particular. This encouraged negative sentiments toward homosexuals, which intensified already-existing opposition to school policies, activities, and practices, which supporters claimed were efforts to be inclusive of sexual minorities, and which opponents deemed as the promotion of homosexuality.
Given the domination of central government by conservative thinking, most gay rights activists were to be found in the Labour Party
or the Liberal Party
. These campaigners and their supporters progressively managed to raise these issues in local party meetings, resulting in a number of local authorities changing their policies to include the words "sexual orientation" in a list of unacceptable discriminations. The large Metropolitan Borough
councils outside the capital, the Inner London Education Authority
and the Greater London Council
regularly took out job adverts in the national press and elsewhere making a very public statement about the unacceptability of homophobic behaviour within their organisations.
In 1983 the Daily Mail
, a British tabloid newspaper, reported that a copy of a book entitled Jenny lives with Eric and Martin
—portraying a little girl who lives with her father and his homosexual partner—was provided in a school library run by the Labour-controlled Inner London Education Authority
. More and more councils began to adopt wide-ranging anti-discrimination policies (particularly Ealing
, Islington
, Camden
and Manchester
who employed officers to counter homophobia).
The attention to this, and work within the political parties by activists, led to the adoption at the Labour Party Annual Conference in 1985 of a resolution calling for the end of all legal discrimination against homosexuals. In addition, the election to Manchester City Council
of Margaret Roff (November 1985) as the UK's first openly homosexual Mayor and the publication of Changing The World by the GLC in 1985 all fuelled a heightened public awareness of the issues.
But it was not until 1986 that major controversy arose and widespread protest demonstrations made a major contribution towards the subsequent passing of Section 28.
A final factor was the tone taken by some activist groups such as the Gay Liberation Front
, cited by the Conservative MP Jill Knight, who introduced Section 28, and who in 1999 spoke about the purpose of that section:
backbench MP
s became concerned that left-wing councils were indoctrinating young children with what they considered to be homosexual propaganda. In 1986 Lord Halsbury first tabled a Private Member's Bill
in the House of Lords
entitled An act to refrain local authorities from promoting homosexuality. At the time, the incumbent Conservative government considered Halsbury's bill to be too misleading and risky. The bill successfully passed the House of Lords and was adopted by then-Conservative MP Jill Knight. However, overshadowed by the 1987 general election
, Halsbury's bill failed.
On 2 December 1987 in Committee, Conservative MP David Wilshire
re-introduced an amendment
to the 1988 Local Government Bill for a similar clause, entitled Clause 28. The new amendment was also championed by Knight and accepted and defended by Michael Howard
, then Minister for Local Government. After being debated on 8 December 1987 it was presented to the House of Commons on 15 December 1987, shortly before the parliamentary Christmas recess.
Section 28 became law on 24 May 1988. The night before, several protests were staged by lesbian women, including abseiling
into Parliament and a famous invasion of the BBC
's Six O'Clock News, during which one woman managed to chain herself to Sue Lawley
's desk and was sat on by the newscaster Nicholas Witchell
.
A National Union of Teachers
(NUT) statement remarked that "While Section 28 applies to local authorities and not to schools, many teachers believe, albeit wrongly, that it imposes constraints in respect of the advice and counselling they give to pupils. Professional judgement is therefore influenced by the perceived prospect of prosecution."
Similarly, the Department for Education and Science made the following statement in 1988 regarding Section 28:
It is said that when Knight heard this, she was somewhat upset, remarking that:
In response to these criticisms, supporters claimed that the NUT and Department of Education were mistaken, and the section did affect schools.
Some local authorities continued to deliver training to their staff in their education system on how to deliver their services without discrimination against homosexuals. Manchester City Council
continued to sustain four officer posts directly involved in policy making and implementation, contributing to the 1992 report ("Section 28 of the Local Government Act 1988: a Guide for Workers in the Education Service, produced by Manchester City Council, May 1992.") which proved that Section 28 did not prevent this work. Their pioneering work was never once challenged by the act.
Before its repeal, Section 28 was already largely redundant: sex education
in England and Wales
has been regulated solely by the Secretary of State for Education since the Learning and Skills Act 2000
and the Education Act 1996. Nevertheless, many liberal and conservative campaigners still saw Section 28 as a symbolic issue and continued to fight their own particular causes over it until its repeal.
, started by, amongst other people, Ian McKellen
, and OutRage!
, subsequently led by Peter Tatchell
.
While the gay rights movement was united over Section 28, the issue began to divide the Conservative party, heightening divisions between party modernists and traditionalists. In 1999 Conservative leader William Hague
controversially sacked frontbencher
Shaun Woodward
for refusing to support the party line that Section 28 should not be repealed, prompting pro-gay rights Conservatives, such as Steve Norris, to speak out against the decision. 2000 saw prominent gay Conservative Ivan Massow
defect to the Labour Party in response to the Conservative Party's continued support of Section 28.
There is only one case of Section 28 being used to bring a case to the courts against a council. In May, 2000—the first and last case of its kind—the Christian Institute
unsuccessfully took Glasgow City Council to court for funding an AIDS support charity which the Institute alleged promoted homosexuality.
.
In the newly devolved
Scottish Parliament
the repeal process was more successful. Various groups campaigned against the repeal. The Scottish millionaire businessman Brian Souter
privately funded a postal ballot as part of his Keep the Clause campaign
, which returned an apparent 86% support for keeping the clause, from a response from slightly less than one third of the 3.9 million registered Scottish voters Despite this, Section 28 (although, more accurately, it was Section 2A of the relevant Scottish legislation) was repealed by MSPs as part of the Ethical Standards in Public Life etc. (Scotland) Act 2000
on 21 June 2000 with a 99 to 17 majority vote with only two abstentions.
On 24 July 2000 the Local Government Act 2000 was sent back to the Lords with an amendment re-introducing repeal. Concessions were made in the form of the new Learning and Skills Act 2000 which emphasised family values
and which was hoped would win over opponents. However, the repeal was again defeated in the House of Lords.
Despite these successive defeats in the House of Lords of attempts to repeal Section 28 in England
and Wales
, the Labour government passed legislation to repeal this section as part of the Local Government Act 2003
by a vote of MPs.
In a part of the legal process (Standing Committee A) Edward Davey
said "In a liberal democracy, the need to protect minorities properly sometimes means that protection cannot be achieved through the ballot box and that some things are not appropriate for a vote."
This passed the Lords, received Royal Assent
on 18 September 2003, and the repeal became effective on 18 November 2003.
The Conservative
-run Kent County Council
, however, decided to create their own version of Section 28 to keep the effect of the now repealed law in their schools. This was replaced on 16 December 2004 with provisions stating that heterosexual marriage and family relationships are the only firm foundations for society. Correction - The statement now says: We will ensure that sex education values family and marriage as the foundation of a civilised society, and a firm basis for the nurturing of children
, the Christian Institute
, the African and Caribbean Evangelical
Association, the Christian Action Research and Education
, the Muslim Council of Britain
, and groups within the Catholic Church and the Church of England
. The Conservative Party, despite dissent within its ranks on the issue, whipped
its members in support of Section 28 in 2000, but in 2003, after further dissent from within the party, allowed a free vote. In the House of Lords, the campaign against the repeal of Section 28 was led by the late Baroness Janet Young. Newspapers that strongly supported Section 28 included The Daily Mail, The Sun
and The Daily Telegraph
.
In Scotland the most visible supporters of Section 28 were Brian Souter
and the Daily Record
newspaper.
The main argument in support of Section 28 was to protect children from "predatory homosexuals" and advocates seeking to "indoctrinate" vulnerable young people into homosexuality. Various other arguments were also used in support of Section 28 which are summarised as follows:
, OutRage!
, The Pink Paper
and the Gay Times
formed the major opposition to Section 28 and led the campaign for its repeal. Prominent individuals who spoke out for the repeal of Section 28 included Sir Ian McKellen
, Michael Cashman
, Ivan Massow
, Mo Mowlam
, Simon Callow
, Annette Crosbie
, Michael Grade
, Jane Horrocks
, Michael Mansfield QC, Helen Mirren
, Claire Rayner
, Ned Sherrin
and Alan Moore
.
A coalition of comic book creators, including Moore
, Frank Miller
, Robert Crumb
, Art Spiegelman
, Neil Gaiman
, and many others, produced a magazine called AARGH (Artists Against Rampant Government Homophobia)
and raised at least £20,000 to contribute to the fight against the legislation, according to Moore. Boy George
wrote a song opposed to Section 28, entitled "No Clause 28". The band Chumbawamba
recorded a single entitled "Smash Clause 28! Fight The Alton Bill!" which was an attack on Clause/Section 28 and a benefit for a gay rights group; it also featured 12 pages of hand printed notes relating to gay rights. The legislation was also opposed by some religious groups and leaders, such as Richard Harries, Bishop of Oxford
. Newspapers that came out in opposition included The Guardian
, The Independent
and The Daily Mirror
.
Political parties that were opposed to Section 28 included the Labour Party
, the Liberal Democrats and the Green Party
. In the House of Lords the campaign for repeal was led by openly-gay peer Waheed Alli. Perhaps the most famous act of opposition to Section 28 came when Shaun Woodward
, a Conservative MP with a transgender sister, defected from the Conservative Party and his seat and joined the ruling Labour Party in opposition to the Conservatives' continued support of Section 28.
The main point of argument claimed by opponents of Section 28 was the complaint that it discriminated against homosexuals, and hence was an intolerant
and unjust law. Various other arguments were also used against Section 28 which are summarised as follows:
In an interview with gay magazine Attitude
during the 2005 election
, Michael Howard
, then leader of the Conservative Party, commented:
In February, 2006, Conservative Party
Chairman Francis Maude
told Pinknews.co.uk that the policy, which he had voted for, was wrong and a mistake.
In 2000, David Cameron
(at that time an unelected Conservative party member) repeatedly attacked the Labour government's plans to abolish Section 28, publicly criticising then-Prime Minister Tony Blair
as being "anti-family" and accused him of wanting the "promotion of homosexuality in schools". In 2003, once Cameron had been elected as Conservative MP
for Witney, he continued to support Section 28. As the Labour government were determined to remove Section 28 from law, Cameron voted in favour of a Conservative amendment that retained certain aspects of the clause, which gay rights campaigners described as "Section 28 by the back door". This was unsuccessful, and Section 28 was repealed by the Labour government without concession (Cameron was absent for the vote on its eventual repeal). However, in June 2009, Cameron—then leader of the Conservative Party whilst campaigning to be the next Prime Minister—formally apologised for his party introducing the law, stating that it was a mistake and had been offensive to gay people. He restated this belief in January 2010 and proposed to alter the policy of the Conservative Party to reflect his belief that equality should be taught in British schools.
Local Government Act 1988
The United Kingdom Local Government Act of 1988 was famous for introducing the controversial Section 28 into law. In terms of the section 28 of the Local Government Act 1988, Local Authorities were prohibited from promoting in specified category of schools, "the teaching of the acceptability of...
caused the controversial addition of Section 2A to the Local Government Act 1986
Local Government Act 1986
The Local Government Act 1986 is an Act of the Parliament of the United Kingdom.- Section 2A :It is best known for having been amended by the notorious Section 28 of the Local Government Act 1988, which added the now-repealed Section 2A to this Act, restricting local authorities from a number of...
(affecting England, Wales and Scotland), enacted on 24 May 1988 and repealed on 21 June 2000 in Scotland, and on 18 November 2003 in the rest of Great Britain by section 122 of the Local Government Act 2003
Local Government Act 2003
The Local Government Act 2003 is an Act of the Parliament of the United Kingdom. It made various changes to the administration of local government in the United Kingdom...
. The amendment stated that a local authority
Local government in the United Kingdom
The pattern of local government in England is complex, with the distribution of functions varying according to the local arrangements. Legislation concerning local government in England is decided by the Parliament and Government of the United Kingdom, because England does not have a devolved...
"shall not intentionally promote homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
or publish material with the intention of promoting homosexuality" or "promote the teaching in any maintained school of the acceptability of homosexuality as a pretended family relationship".
Because it did not create a criminal offence, no prosecution was ever brought under this provision, but its existence caused many groups to close or limit their activities or self-censor. For example, a number of lesbian
Lesbian
Lesbian is a term most widely used in the English language to describe sexual and romantic desire between females. The word may be used as a noun, to refer to women who identify themselves or who are characterized by others as having the primary attribute of female homosexuality, or as an...
, gay
Gay
Gay is a word that refers to a homosexual person, especially a homosexual male. For homosexual women the specific term is "lesbian"....
and bisexual
Bisexuality
Bisexuality is sexual behavior or an orientation involving physical or romantic attraction to both males and females, especially with regard to men and women. It is one of the three main classifications of sexual orientation, along with a heterosexual and a homosexual orientation, all a part of the...
student support groups in schools and colleges across Britain were closed owing to fears by council legal staff that they could breach the Act.
While going through Parliament, the amendment was constantly relabelled with a variety of clause numbers as other amendments were added to or deleted from the Bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
, but by the final version of the Bill, which received Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
, it had become Section 28. Section 28 is sometimes referred to as Clause 28 – in the United Kingdom, Acts of Parliament
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
have sections, whereas in a Bill (which is put before Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
to pass) those sections are called clauses. Since the effect of the amendment was to insert a new section '2A' into the previous Local Government Act, it was also sometimes referred to as Section 2A.
Background
Section 28 originated in the social transition in British society from homosexuality as "illegal-but-discussed", to "legal-but-not-always approved", following debate in the 1950s and the 1967 decriminalisation of homosexual acts for those over the age of 21 in the Sexual Offences Act 1967Sexual Offences Act 1967
The Sexual Offences Act 1967 is an Act of Parliament in the United Kingdom . It decriminalised homosexual acts in private between two men, both of whom had to have attained the age of 21. The Act applied only to England and Wales and did not cover the Merchant Navy or the Armed Forces...
.
The 1980s was the era of Margaret Thatcher
Margaret Thatcher
Margaret Hilda Thatcher, Baroness Thatcher, was Prime Minister of the United Kingdom from 1979 to 1990...
's Government, which brought large-scale social changes (see: Thatcherism
Thatcherism
Thatcherism describes the conviction politics, economic and social policy, and political style of the British Conservative politician Margaret Thatcher, who was leader of her party from 1975 to 1990...
); it was also the era in which AIDS
AIDS
Acquired immune deficiency syndrome or acquired immunodeficiency syndrome is a disease of the human immune system caused by the human immunodeficiency virus...
was first reported. The spread of AIDS brought about widespread fear, much of which was directed at homosexuals and bisexuals. The first recorded victims of the disease were a group of homosexual men, and the disease became particularly associated in the media, and at first even in medical circles, with homosexuals in particular. This encouraged negative sentiments toward homosexuals, which intensified already-existing opposition to school policies, activities, and practices, which supporters claimed were efforts to be inclusive of sexual minorities, and which opponents deemed as the promotion of homosexuality.
Given the domination of central government by conservative thinking, most gay rights activists were to be found in the Labour Party
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
or the Liberal Party
Liberal Party (UK)
The Liberal Party was one of the two major political parties of the United Kingdom during the 19th and early 20th centuries. It was a third party of negligible importance throughout the latter half of the 20th Century, before merging with the Social Democratic Party in 1988 to form the present day...
. These campaigners and their supporters progressively managed to raise these issues in local party meetings, resulting in a number of local authorities changing their policies to include the words "sexual orientation" in a list of unacceptable discriminations. The large Metropolitan Borough
Metropolitan borough
A metropolitan borough is a type of local government district in England, and is a subdivision of a metropolitan county. Created in 1974 by the Local Government Act 1972, metropolitan boroughs are defined in English law as metropolitan districts, however all of them have been granted or regranted...
councils outside the capital, the Inner London Education Authority
Inner London Education Authority
The Inner London Education Authority was the education authority for the 12 inner London boroughs from 1965 until its abolition in 1990.-History:...
and the Greater London Council
Greater London Council
The Greater London Council was the top-tier local government administrative body for Greater London from 1965 to 1986. It replaced the earlier London County Council which had covered a much smaller area...
regularly took out job adverts in the national press and elsewhere making a very public statement about the unacceptability of homophobic behaviour within their organisations.
In 1983 the Daily Mail
Daily Mail
The Daily Mail is a British daily middle-market tabloid newspaper owned by the Daily Mail and General Trust. First published in 1896 by Lord Northcliffe, it is the United Kingdom's second biggest-selling daily newspaper after The Sun. Its sister paper The Mail on Sunday was launched in 1982...
, a British tabloid newspaper, reported that a copy of a book entitled Jenny lives with Eric and Martin
Jenny lives with Eric and Martin
Jenny lives with Eric and Martin , originally Mette bor hos Morten og Erik, is a black-and-white picture book by the Danish author Susanne Bösche, published in 1981 in Danish and in 1983 in English...
—portraying a little girl who lives with her father and his homosexual partner—was provided in a school library run by the Labour-controlled Inner London Education Authority
Inner London Education Authority
The Inner London Education Authority was the education authority for the 12 inner London boroughs from 1965 until its abolition in 1990.-History:...
. More and more councils began to adopt wide-ranging anti-discrimination policies (particularly Ealing
Ealing
Ealing is a suburban area of west London, England and the administrative centre of the London Borough of Ealing. It is located west of Charing Cross and around from the City of London. It is one of the major metropolitan centres identified in the London Plan. It was historically a rural village...
, Islington
Islington
Islington is a neighbourhood in Greater London, England and forms the central district of the London Borough of Islington. It is a district of Inner London, spanning from Islington High Street to Highbury Fields, encompassing the area around the busy Upper Street...
, Camden
London Borough of Camden
In 1801, the civil parishes that form the modern borough were already developed and had a total population of 96,795. This continued to rise swiftly throughout the 19th century, as the district became built up; reaching 270,197 in the middle of the century...
and Manchester
Manchester
Manchester is a city and metropolitan borough in Greater Manchester, England. According to the Office for National Statistics, the 2010 mid-year population estimate for Manchester was 498,800. Manchester lies within one of the UK's largest metropolitan areas, the metropolitan county of Greater...
who employed officers to counter homophobia).
The attention to this, and work within the political parties by activists, led to the adoption at the Labour Party Annual Conference in 1985 of a resolution calling for the end of all legal discrimination against homosexuals. In addition, the election to Manchester City Council
Manchester City Council
Manchester City Council is the local government authority for Manchester, a city and metropolitan borough in Greater Manchester, England. It is composed of 96 councillors, three for each of the 32 electoral wards of Manchester. Currently the council is controlled by the Labour Party and is led by...
of Margaret Roff (November 1985) as the UK's first openly homosexual Mayor and the publication of Changing The World by the GLC in 1985 all fuelled a heightened public awareness of the issues.
But it was not until 1986 that major controversy arose and widespread protest demonstrations made a major contribution towards the subsequent passing of Section 28.
A final factor was the tone taken by some activist groups such as the Gay Liberation Front
Gay Liberation Front
Gay Liberation Front was the name of a number of Gay Liberation groups, the first of which was formed in New York City in 1969, immediately after the Stonewall riots, in which police clashed with gay demonstrators.-The Gay Liberation Front:...
, cited by the Conservative MP Jill Knight, who introduced Section 28, and who in 1999 spoke about the purpose of that section:
Legislation
As a consequence, many ConservativeConservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
backbench MP
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
s became concerned that left-wing councils were indoctrinating young children with what they considered to be homosexual propaganda. In 1986 Lord Halsbury first tabled a Private Member's Bill
Private Member's Bill
A member of parliament’s legislative motion, called a private member's bill or a member's bill in some parliaments, is a proposed law introduced by a member of a legislature. In most countries with a parliamentary system, most bills are proposed by the government, not by individual members of the...
in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
entitled An act to refrain local authorities from promoting homosexuality. At the time, the incumbent Conservative government considered Halsbury's bill to be too misleading and risky. The bill successfully passed the House of Lords and was adopted by then-Conservative MP Jill Knight. However, overshadowed by the 1987 general election
United Kingdom general election, 1987
The United Kingdom general election of 1987 was held on 11 June 1987, to elect 650 members to the British House of Commons. The election was the third consecutive election victory for the Conservative Party under the leadership of Margaret Thatcher, who became the first Prime Minister since the 2nd...
, Halsbury's bill failed.
On 2 December 1987 in Committee, Conservative MP David Wilshire
David Wilshire
David Wilshire is a Conservative Party politician in the United Kingdom. He was the Member of Parliament for Spelthorne in Surrey from 1987 to 2010....
re-introduced an amendment
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
to the 1988 Local Government Bill for a similar clause, entitled Clause 28. The new amendment was also championed by Knight and accepted and defended by Michael Howard
Michael Howard
Michael Howard, Baron Howard of Lympne, CH, QC, PC is a British politician, who served as the Leader of the Conservative Party and Leader of the Opposition from November 2003 to December 2005...
, then Minister for Local Government. After being debated on 8 December 1987 it was presented to the House of Commons on 15 December 1987, shortly before the parliamentary Christmas recess.
Section 28 became law on 24 May 1988. The night before, several protests were staged by lesbian women, including abseiling
Abseiling
Abseiling , rappelling in American English, is the controlled descent down a rock face using a rope; climbers use this technique when a cliff or slope is too steep and/or dangerous to descend without protection.- Slang terms :...
into Parliament and a famous invasion of the BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
's Six O'Clock News, during which one woman managed to chain herself to Sue Lawley
Sue Lawley
- Early life and education:Born in Sedgley, Staffordshire, England and brought up in the Black Country, she was educated at Dudley Girls High School and graduated in modern languages from the University of Bristol and some time later started her career at the BBC in Plymouth...
's desk and was sat on by the newscaster Nicholas Witchell
Nicholas Witchell
Nicholas Newton Henshall Witchell is an English journalist. He is the current diplomatic and royal correspondent for BBC News...
.
Controversy over applicability
After Section 28 was passed, there was some debate as to whether it actually applied in schools or whether it applied only to local authorities. Whilst head teachers and Boards of Governors were specifically exempt, schools and teachers became confused as to what was actually permitted and tended to err on the side of caution.A National Union of Teachers
National Union of Teachers
The National Union of Teachers is a trade union for school teachers in England, Wales, the Channel Islands and the Isle of Man. It is a member of the Trades Union Congress...
(NUT) statement remarked that "While Section 28 applies to local authorities and not to schools, many teachers believe, albeit wrongly, that it imposes constraints in respect of the advice and counselling they give to pupils. Professional judgement is therefore influenced by the perceived prospect of prosecution."
Similarly, the Department for Education and Science made the following statement in 1988 regarding Section 28:
It is said that when Knight heard this, she was somewhat upset, remarking that:
In response to these criticisms, supporters claimed that the NUT and Department of Education were mistaken, and the section did affect schools.
Some local authorities continued to deliver training to their staff in their education system on how to deliver their services without discrimination against homosexuals. Manchester City Council
Manchester City Council
Manchester City Council is the local government authority for Manchester, a city and metropolitan borough in Greater Manchester, England. It is composed of 96 councillors, three for each of the 32 electoral wards of Manchester. Currently the council is controlled by the Labour Party and is led by...
continued to sustain four officer posts directly involved in policy making and implementation, contributing to the 1992 report ("Section 28 of the Local Government Act 1988: a Guide for Workers in the Education Service, produced by Manchester City Council, May 1992.") which proved that Section 28 did not prevent this work. Their pioneering work was never once challenged by the act.
Before its repeal, Section 28 was already largely redundant: sex education
Sex education
Sex education refers to formal programs of instruction on a wide range of issues relating to human sexuality, including human sexual anatomy, sexual reproduction, sexual intercourse, reproductive health, emotional relations, reproductive rights and responsibilities, abstinence, contraception, and...
in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
has been regulated solely by the Secretary of State for Education since the Learning and Skills Act 2000
Learning and Skills Act 2000
The Learning and Skills Act 2000 is an Act of the Parliament of the United Kingdom. It made changes in the funding and administration of further education, and of work-based learning for young people, within England and Wales....
and the Education Act 1996. Nevertheless, many liberal and conservative campaigners still saw Section 28 as a symbolic issue and continued to fight their own particular causes over it until its repeal.
Political response
The introduction of Section 28 served to galvanise the disparate British gay rights movement into action. The resulting protest saw the rise of now famous groups like StonewallStonewall (UK)
Stonewall is a lesbian, gay and bisexual rights charity in the United Kingdom named after the Stonewall Inn of Stonewall riots fame. Now the largest gay equality organization not only in the UK but in Europe, it was formed in 1989 by political activists and others lobbying against section 28 of the...
, started by, amongst other people, Ian McKellen
Ian McKellen
Sir Ian Murray McKellen, CH, CBE is an English actor. He has received a Tony Award, two Academy Award nominations, and five Emmy Award nominations. His work has spanned genres from Shakespearean and modern theatre to popular fantasy and science fiction...
, and OutRage!
OutRage!
OutRage! is a British LGBT rights group that was formed to fight for equal rights of lesbian, gay, and bisexual people in comparison to heterosexual people. It is a group which has at times been criticised for outing individuals who wanted to keep their homosexuality secret and for being...
, subsequently led by Peter Tatchell
Peter Tatchell
Peter Gary Tatchell is an Australian-born British political campaigner best known for his work with LGBT social movements...
.
While the gay rights movement was united over Section 28, the issue began to divide the Conservative party, heightening divisions between party modernists and traditionalists. In 1999 Conservative leader William Hague
William Hague
William Jefferson Hague is the British Foreign Secretary and First Secretary of State. He served as Leader of the Conservative Party from June 1997 to September 2001...
controversially sacked frontbencher
Frontbencher
In many parliaments and other similar assemblies, seating is typically arranged in banks or rows, with each political party or caucus grouped together. The spokespeople for each group will often sit at the front of their group, and are then known as being on the frontbench and are described as...
Shaun Woodward
Shaun Woodward
Shaun Anthony Woodward is a British Labour Party politician who has been the Member of Parliament for St Helens South since 2001. He served in the Cabinet from 28 June 2007 to 11 May 2010 as Secretary of State for Northern Ireland...
for refusing to support the party line that Section 28 should not be repealed, prompting pro-gay rights Conservatives, such as Steve Norris, to speak out against the decision. 2000 saw prominent gay Conservative Ivan Massow
Ivan Massow
Ivan Massow is a British entrepreneur and financial adviser. He founded PayMeMy.com in September 2011; a service which pays back 'trail' commissions - often thousands of pounds a year - to policy-holders themselves, instead of the IFAs who originally set the policies up.Ivan was also Chairman of...
defect to the Labour Party in response to the Conservative Party's continued support of Section 28.
There is only one case of Section 28 being used to bring a case to the courts against a council. In May, 2000—the first and last case of its kind—the Christian Institute
Christian Institute
The Christian Institute is a British evangelical Christian pressure group. The CI promotes a Conservative Christian viewpoint, founded on the belief that the Bible is inerrant and should be the authority on all of life...
unsuccessfully took Glasgow City Council to court for funding an AIDS support charity which the Institute alleged promoted homosexuality.
Repeal
On 7 February 2000, the first attempted legislation to repeal Section 28 was introduced by the Labour Government as part of the Local Government Act 2000, but was defeated by a House of Lords campaign led by Baroness YoungJanet Young, Baroness Young
Janet Mary Baker Young, Baroness Young PC , was a British Conservative politician. She served as the first ever female Leader of the House of Lords from 1981 to 1983, first as Chancellor of the Duchy of Lancaster and from 1982 as Lord Privy Seal...
.
In the newly devolved
Devolution
Devolution is the statutory granting of powers from the central government of a sovereign state to government at a subnational level, such as a regional, local, or state level. Devolution can be mainly financial, e.g. giving areas a budget which was formerly administered by central government...
Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
the repeal process was more successful. Various groups campaigned against the repeal. The Scottish millionaire businessman Brian Souter
Brian Souter
Sir Brian Souter , is a Scottish businessman. He is the co-founder of the Stagecoach Group, along with his sister, Ann Gloag. He is also widely known for his controversial public statements and for his attempt to keep Section 28 in law, which led to widespread accusations of homophobia...
privately funded a postal ballot as part of his Keep the Clause campaign
Keep the Clause campaign
The Keep the Clause campaign was a privately funded political campaign organised in 2000 with the aim of resisting the repeal of legislation known as Clause 28 of the Local Government Act 1988 in Scotland and the United Kingdom, which forbade local authorities to "intentionally promote...
, which returned an apparent 86% support for keeping the clause, from a response from slightly less than one third of the 3.9 million registered Scottish voters Despite this, Section 28 (although, more accurately, it was Section 2A of the relevant Scottish legislation) was repealed by MSPs as part of the Ethical Standards in Public Life etc. (Scotland) Act 2000
Ethical Standards in Public Life etc. (Scotland) Act 2000
The Ethical Standards in Public Life etc. Act 2000 is an Act of the Scottish Parliament which established that the Scottish Ministers had to issue a code of conduct for councillors, and put in place mechanisms for dealing with councillors in contravention of the code...
on 21 June 2000 with a 99 to 17 majority vote with only two abstentions.
On 24 July 2000 the Local Government Act 2000 was sent back to the Lords with an amendment re-introducing repeal. Concessions were made in the form of the new Learning and Skills Act 2000 which emphasised family values
Family values
Family values are political and social beliefs that hold the nuclear family to be the essential ethical and moral unit of society. Familialism is the ideology that promotes the family and its values as an institution....
and which was hoped would win over opponents. However, the repeal was again defeated in the House of Lords.
Despite these successive defeats in the House of Lords of attempts to repeal Section 28 in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
, the Labour government passed legislation to repeal this section as part of the Local Government Act 2003
Local Government Act 2003
The Local Government Act 2003 is an Act of the Parliament of the United Kingdom. It made various changes to the administration of local government in the United Kingdom...
by a vote of MPs.
In a part of the legal process (Standing Committee A) Edward Davey
Edward Davey
Edward Jonathan "Ed" Davey is a British Liberal Democrat politician. He has been the Member of Parliament for Kingston and Surbiton since 1997, and in May 2010 was appointed as Parliamentary Under-Secretary of State at the Department for Business, Innovation and Skills...
said "In a liberal democracy, the need to protect minorities properly sometimes means that protection cannot be achieved through the ballot box and that some things are not appropriate for a vote."
This passed the Lords, received Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 18 September 2003, and the repeal became effective on 18 November 2003.
The Conservative
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
-run Kent County Council
Kent County Council
Kent County Council is the county council that governs the majority of the county of Kent in England. It provides the upper tier of local government, below which are 12 district councils, and around 300 town and parish councils. The county council has 84 elected councillors...
, however, decided to create their own version of Section 28 to keep the effect of the now repealed law in their schools. This was replaced on 16 December 2004 with provisions stating that heterosexual marriage and family relationships are the only firm foundations for society. Correction - The statement now says: We will ensure that sex education values family and marriage as the foundation of a civilised society, and a firm basis for the nurturing of children
Support
Section 28 was supported by religious groups such as the Salvation ArmySalvation Army
The Salvation Army is a Protestant Christian church known for its thrift stores and charity work. It is an international movement that currently works in over a hundred countries....
, the Christian Institute
Christian Institute
The Christian Institute is a British evangelical Christian pressure group. The CI promotes a Conservative Christian viewpoint, founded on the belief that the Bible is inerrant and should be the authority on all of life...
, the African and Caribbean Evangelical
Evangelicalism
Evangelicalism is a Protestant Christian movement which began in Great Britain in the 1730s and gained popularity in the United States during the series of Great Awakenings of the 18th and 19th century.Its key commitments are:...
Association, the Christian Action Research and Education
Education
Education in its broadest, general sense is the means through which the aims and habits of a group of people lives on from one generation to the next. Generally, it occurs through any experience that has a formative effect on the way one thinks, feels, or acts...
, the Muslim Council of Britain
Muslim Council of Britain
The Muslim Council of Britain is a self-appointed umbrella body for national, regional, local and specialist organisations and institutions from different ethnic and sectarian backgrounds within British Islamic society. It was established in 1997 to help Muslims, to increase education about the...
, and groups within the Catholic Church and the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
. The Conservative Party, despite dissent within its ranks on the issue, whipped
Whip (politics)
A whip is an official in a political party whose primary purpose is to ensure party discipline in a legislature. Whips are a party's "enforcers", who typically offer inducements and threaten punishments for party members to ensure that they vote according to the official party policy...
its members in support of Section 28 in 2000, but in 2003, after further dissent from within the party, allowed a free vote. In the House of Lords, the campaign against the repeal of Section 28 was led by the late Baroness Janet Young. Newspapers that strongly supported Section 28 included The Daily Mail, The Sun
The Sun (newspaper)
The Sun is a daily national tabloid newspaper published in the United Kingdom and owned by News Corporation. Sister editions are published in Glasgow and Dublin...
and The Daily Telegraph
The Daily Telegraph
The Daily Telegraph is a daily morning broadsheet newspaper distributed throughout the United Kingdom and internationally. The newspaper was founded by Arthur B...
.
In Scotland the most visible supporters of Section 28 were Brian Souter
Brian Souter
Sir Brian Souter , is a Scottish businessman. He is the co-founder of the Stagecoach Group, along with his sister, Ann Gloag. He is also widely known for his controversial public statements and for his attempt to keep Section 28 in law, which led to widespread accusations of homophobia...
and the Daily Record
Daily Record (Scotland)
The Daily Record is a Scottish tabloid newspaper based in Glasgow. It had been the best-selling daily paper in Scotland for many years with a paid circulation in August 2011 of 307,794 . It is now outsold by its arch-rival the Scottish Sun which in September 2010 had a circulation of 339,586 in...
newspaper.
The main argument in support of Section 28 was to protect children from "predatory homosexuals" and advocates seeking to "indoctrinate" vulnerable young people into homosexuality. Various other arguments were also used in support of Section 28 which are summarised as follows:
- That promotion of homosexuality in schools undermines marriage.
- That Section 28 prohibited only the promotion, not legitimate discussion of homosexuality.
- That Section 28 did not prevent the counselling of pupils who are being bullied.
- Proponents pointed to various polls in an attempt to demonstrate that public opinion favoured keeping Section 28.
Opposition
Gay rights advocates, such as StonewallStonewall (UK)
Stonewall is a lesbian, gay and bisexual rights charity in the United Kingdom named after the Stonewall Inn of Stonewall riots fame. Now the largest gay equality organization not only in the UK but in Europe, it was formed in 1989 by political activists and others lobbying against section 28 of the...
, OutRage!
OutRage!
OutRage! is a British LGBT rights group that was formed to fight for equal rights of lesbian, gay, and bisexual people in comparison to heterosexual people. It is a group which has at times been criticised for outing individuals who wanted to keep their homosexuality secret and for being...
, The Pink Paper
Pink Paper
The Pink Paper is a UK publication covering gay and lesbian issues. Founded in 1987 as a newspaper, since June 2009 it has been available only on the Internet....
and the Gay Times
Gay Times
Gay Times is one of the United Kingdom's leading gay magazine for gay and bisexual men.-Publication and content:...
formed the major opposition to Section 28 and led the campaign for its repeal. Prominent individuals who spoke out for the repeal of Section 28 included Sir Ian McKellen
Ian McKellen
Sir Ian Murray McKellen, CH, CBE is an English actor. He has received a Tony Award, two Academy Award nominations, and five Emmy Award nominations. His work has spanned genres from Shakespearean and modern theatre to popular fantasy and science fiction...
, Michael Cashman
Michael Cashman
Michael Maurice Cashman is a British former actor, now a Labour politician. He has been a Member of the European Parliament for the West Midlands constituency since 1999.- Acting :...
, Ivan Massow
Ivan Massow
Ivan Massow is a British entrepreneur and financial adviser. He founded PayMeMy.com in September 2011; a service which pays back 'trail' commissions - often thousands of pounds a year - to policy-holders themselves, instead of the IFAs who originally set the policies up.Ivan was also Chairman of...
, Mo Mowlam
Mo Mowlam
Marjorie "Mo" Mowlam was a British Labour Party politician. She was the Member of Parliament for Redcar from 1987 to 2001 and served in the Cabinet as Secretary of State for Northern Ireland, Minister for the Cabinet Office and Chancellor of the Duchy of Lancaster.Mowlam's time as Northern...
, Simon Callow
Simon Callow
Simon Phillip Hugh Callow, CBE is an English actor, writer and theatre director. He is also currently a judge on Popstar to Operastar.-Early years:...
, Annette Crosbie
Annette Crosbie
Annette Crosbie, OBE is a Scottish character actor.-Life and career:Crosbie was born in Gorebridge, Midlothian, Scotland, to Presbyterian parents who disapproved of her becoming an actor. Nevertheless, she joined the Bristol Old Vic Theatre School while still in her teens...
, Michael Grade
Michael Grade
Michael Ian Grade, Baron Grade of Yarmouth CBE is a British broadcast executive and businessman. He was BBC chairman from 2004 to 2006 and executive chairman of ITV plc from 2007 to 2009.-Early life:...
, Jane Horrocks
Jane Horrocks
Barbara Jane Horrocks is an English voice, stage, screen and television actress, voice artist, musician, and singer. She is best known for her role as "Bubble" in the TV series Absolutely Fabulous as well as her distinctive voice....
, Michael Mansfield QC, Helen Mirren
Helen Mirren
Dame Helen Mirren, DBE is an English actor. She has won an Academy Award for Best Actress, four SAG Awards, four BAFTAs, three Golden Globes, four Emmy Awards, and two Cannes Film Festival Best Actress Awards.-Early life and family:...
, Claire Rayner
Claire Rayner
Claire Berenice Rayner OBE was an English nurse, journalist, broadcaster and novelist, best known for her role for many years as an agony aunt.-Early life:...
, Ned Sherrin
Ned Sherrin
Edward George "Ned" Sherrin CBE was an English broadcaster, author and stage director. He qualified as a barrister and then worked in independent television before joining the BBC...
and Alan Moore
Alan Moore
Alan Oswald Moore is an English writer primarily known for his work in comic books, a medium where he has produced a number of critically acclaimed and popular series, including Watchmen, V for Vendetta, and From Hell...
.
A coalition of comic book creators, including Moore
Alan Moore
Alan Oswald Moore is an English writer primarily known for his work in comic books, a medium where he has produced a number of critically acclaimed and popular series, including Watchmen, V for Vendetta, and From Hell...
, Frank Miller
Frank Miller (comics)
Frank Miller is an American comic book artist, writer and film director best known for his dark, film noir-style comic book stories and graphic novels Ronin, Daredevil: Born Again, Batman: The Dark Knight Returns, Sin City and 300...
, Robert Crumb
Robert Crumb
Robert Dennis Crumb —known as Robert Crumb and R. Crumb—is an American artist, illustrator, and musician recognized for the distinctive style of his drawings and his critical, satirical, subversive view of the American mainstream.Crumb was a founder of the underground comix movement and is regarded...
, Art Spiegelman
Art Spiegelman
Art Spiegelman is an American comics artist, editor, and advocate for the medium of comics, best known for his Pulitzer Prize-winning comic book memoir, Maus. His works are published with his name in lowercase: art spiegelman.-Biography:Spiegelman was born in Stockholm, Sweden, to Polish Jews...
, Neil Gaiman
Neil Gaiman
Neil Richard Gaiman born 10 November 1960)is an English author of short fiction, novels, comic books, graphic novels, audio theatre and films. His notable works include the comic book series The Sandman and novels Stardust, American Gods, Coraline, and The Graveyard Book...
, and many others, produced a magazine called AARGH (Artists Against Rampant Government Homophobia)
AARGH (Artists Against Rampant Government Homophobia)
AARGH was a 76-page one-off comics anthology published by Mad Love in 1988.The comic was designed to aid the fight against Clause 28, which was a controversial amendment to the Local Government Act 1988, a British law which was designed to outlaw the promotion of homosexuality by local authorities...
and raised at least £20,000 to contribute to the fight against the legislation, according to Moore. Boy George
Boy George
Boy George is a British singer-songwriter who was part of the English New Romantic movement which emerged in the early 1980s. He helped give androgyny an international stage with the success of Culture Club during the 1980s. His music is often classified as blue-eyed soul, which is influenced by...
wrote a song opposed to Section 28, entitled "No Clause 28". The band Chumbawamba
Chumbawamba
Chumbawamba is a British musical group who have, over a career spanning nearly three decades, played punk rock, pop-influenced music, world music, and folk music...
recorded a single entitled "Smash Clause 28! Fight The Alton Bill!" which was an attack on Clause/Section 28 and a benefit for a gay rights group; it also featured 12 pages of hand printed notes relating to gay rights. The legislation was also opposed by some religious groups and leaders, such as Richard Harries, Bishop of Oxford
Bishop of Oxford
The Bishop of Oxford is the diocesan bishop of the Church of England Diocese of Oxford in the Province of Canterbury; his seat is at Christ Church Cathedral, Oxford...
. Newspapers that came out in opposition included The Guardian
The Guardian
The Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
, The Independent
The Independent
The Independent is a British national morning newspaper published in London by Independent Print Limited, owned by Alexander Lebedev since 2010. It is nicknamed the Indy, while the Sunday edition, The Independent on Sunday, is the Sindy. Launched in 1986, it is one of the youngest UK national daily...
and The Daily Mirror
The Daily Mirror
The Daily Mirror is a British national daily tabloid newspaper which was founded in 1903. Twice in its history, from 1985 to 1987, and from 1997 to 2002, the title on its masthead was changed to read simply The Mirror, which is how the paper is often referred to in popular parlance. It had an...
.
Political parties that were opposed to Section 28 included the Labour Party
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
, the Liberal Democrats and the Green Party
Green Party (UK)
The Green Party was a Green political party in the United Kingdom. It has been succeeded by three political parties:* the Green Party of England and Wales* the Green Party in Northern Ireland* the Scottish Green Party- PEOPLE, 1973–1975 :...
. In the House of Lords the campaign for repeal was led by openly-gay peer Waheed Alli. Perhaps the most famous act of opposition to Section 28 came when Shaun Woodward
Shaun Woodward
Shaun Anthony Woodward is a British Labour Party politician who has been the Member of Parliament for St Helens South since 2001. He served in the Cabinet from 28 June 2007 to 11 May 2010 as Secretary of State for Northern Ireland...
, a Conservative MP with a transgender sister, defected from the Conservative Party and his seat and joined the ruling Labour Party in opposition to the Conservatives' continued support of Section 28.
The main point of argument claimed by opponents of Section 28 was the complaint that it discriminated against homosexuals, and hence was an intolerant
Toleration
Toleration is "the practice of deliberately allowing or permitting a thing of which one disapproves. One can meaningfully speak of tolerating, ie of allowing or permitting, only if one is in a position to disallow”. It has also been defined as "to bear or endure" or "to nourish, sustain or preserve"...
and unjust law. Various other arguments were also used against Section 28 which are summarised as follows:
- That, by excluding homosexual support groups and appearing to prevent teachers from protecting victims of homophobicHomophobiaHomophobia is a term used to refer to a range of negative attitudes and feelings towards lesbian, gay and in some cases bisexual, transgender people and behavior, although these are usually covered under other terms such as biphobia and transphobia. Definitions refer to irrational fear, with the...
bullying, Section 28 was actually endangering vulnerable children. - The claim that Section 28 made the assumption that homosexuals were inherently dangerous to children, implying an association between homosexuality and paedophiliaPedophiliaAs a medical diagnosis, pedophilia is defined as a psychiatric disorder in adults or late adolescents typically characterized by a primary or exclusive sexual interest in prepubescent children...
, as obvious from the "predatory homosexuals" argument of the supporters of the law. - Not only did Section 28 prevent the active promotion of homosexuality but also it appeared to give a legal reason to oppose it in schools and other forums if necessary.
- The claim that Section 28 was a law which gave an impression to the public that the government sanctioned homophobia.
- The idea that homosexuality could be "promoted" implied that homosexuality was a choice which people could be persuaded to make, in contrast to the Section's opponents' view that homosexuality is biologically determined.
- It was no longer relevant due to the Learning and Skills Act of 2000 and the Education Act of 1996.
In retrospect
Some prominent MPs who supported the bill when it was first introduced have since either expressed regret over their support, changed their stance due to different circumstances which have evolved over time, or have argued that the legislation is no longer necessary.In an interview with gay magazine Attitude
Attitude (magazine)
Attitude is a British gay lifestyle magazine owned by Vitality Publishing. It is sold worldwide as a physical magazine and a digital download for the iPad and iPhone via the App Store. The first issue appeared in May 1994....
during the 2005 election
United Kingdom general election, 2005
The United Kingdom general election of 2005 was held on Thursday, 5 May 2005 to elect 646 members to the British House of Commons. The Labour Party under Tony Blair won its third consecutive victory, but with a majority of 66, reduced from 160....
, Michael Howard
Michael Howard
Michael Howard, Baron Howard of Lympne, CH, QC, PC is a British politician, who served as the Leader of the Conservative Party and Leader of the Opposition from November 2003 to December 2005...
, then leader of the Conservative Party, commented:
- [Section 28] was brought in to deal with what was seen to be a specific problem at the time. The problem was the kind of literature that was being used in some schools and distributed to very young children that was seen to promote homosexuality..... I thought, rightly or wrongly, that there was a problem in those days. That problem simply doesn’t exist now. Nobody’s fussed about those issues any more. It’s not a problem, so the law shouldn’t be hanging around on the statute book.
In February, 2006, Conservative Party
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
Chairman Francis Maude
Francis Maude
Francis Anthony Aylmer Maude is a British politician. A member of the Conservative Party, he currently serves as the Minister for the Cabinet Office and Paymaster General, and as a Member of Parliament representing the constituency of Horsham...
told Pinknews.co.uk that the policy, which he had voted for, was wrong and a mistake.
In 2000, David Cameron
David Cameron
David William Donald Cameron is the current Prime Minister of the United Kingdom, First Lord of the Treasury, Minister for the Civil Service and Leader of the Conservative Party. Cameron represents Witney as its Member of Parliament ....
(at that time an unelected Conservative party member) repeatedly attacked the Labour government's plans to abolish Section 28, publicly criticising then-Prime Minister Tony Blair
Tony Blair
Anthony Charles Lynton Blair is a former British Labour Party politician who served as the Prime Minister of the United Kingdom from 2 May 1997 to 27 June 2007. He was the Member of Parliament for Sedgefield from 1983 to 2007 and Leader of the Labour Party from 1994 to 2007...
as being "anti-family" and accused him of wanting the "promotion of homosexuality in schools". In 2003, once Cameron had been elected as Conservative MP
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
for Witney, he continued to support Section 28. As the Labour government were determined to remove Section 28 from law, Cameron voted in favour of a Conservative amendment that retained certain aspects of the clause, which gay rights campaigners described as "Section 28 by the back door". This was unsuccessful, and Section 28 was repealed by the Labour government without concession (Cameron was absent for the vote on its eventual repeal). However, in June 2009, Cameron—then leader of the Conservative Party whilst campaigning to be the next Prime Minister—formally apologised for his party introducing the law, stating that it was a mistake and had been offensive to gay people. He restated this belief in January 2010 and proposed to alter the policy of the Conservative Party to reflect his belief that equality should be taught in British schools.
See also
- LGBT rights in the United Kingdom
- HomosexualityHomosexualityHomosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
- Sex educationSex educationSex education refers to formal programs of instruction on a wide range of issues relating to human sexuality, including human sexual anatomy, sexual reproduction, sexual intercourse, reproductive health, emotional relations, reproductive rights and responsibilities, abstinence, contraception, and...
- Age of consentAge of consentWhile the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...