#OTD 1988. Section 28 is introduced. Law states that local authorities cannot 'promote homosexuality' or 'the acceptability of homosexuality as a pretended family relationship'.
A look back at the controversy surrounding its introduction
A look back at the controversy surrounding its introduction
In 1986 there had been much public controversy about the book Jenny Lives with Eric and Martin.
Conservative Minister Kenneth Baker called for the withdrawal of the book which the Inner London Education Authority had made available.
Conservative Minister Kenneth Baker called for the withdrawal of the book which the Inner London Education Authority had made available.
Richard Luce – Arts Minister – warned of the rise in ‘intolerant and lunatic libraries’ in Labour councils that promoted homosexual literature but deemed Enid Blyton racist.
He called the books unacceptable to the wider public.
He called the books unacceptable to the wider public.
In 1987 the MP Jill Knight sought to add an amendment to the Local Government Bill to ‘prevent local councils from mooting ‘positive images’ for homosexuals’.
Knight claimed:
‘Millions outside Parliament object to little children being perverted, diverted or converted from normal family life to a lifestyle which is desperately dangerous for society and extremely dangerous for them’
‘Millions outside Parliament object to little children being perverted, diverted or converted from normal family life to a lifestyle which is desperately dangerous for society and extremely dangerous for them’
A poll showed that 83% of people polled ‘supported a ban on the promotion of homosexuality by schools and councils’.
Labour came under great attack in the 1987 election in the press for its links with the ‘loony left’
Labour came under great attack in the 1987 election in the press for its links with the ‘loony left’
Patricia Hewitt was then caught up in a scandal in the aftermath after she wrote a memo:
‘The Loony Labour Left is now taking its toll; the gays and lesbian issue is costing us dear amongst pensioners’
‘The Loony Labour Left is now taking its toll; the gays and lesbian issue is costing us dear amongst pensioners’
After the 87 election, Thatcher added Clause 28 to the Local Gov bill.
She claimed 'children who need to be taught to respect traditional moral values are being taught that they have an inalienable right to be gay. All of those are being cheated of a sound start in life’
She claimed 'children who need to be taught to respect traditional moral values are being taught that they have an inalienable right to be gay. All of those are being cheated of a sound start in life’
Thatcher was boosted by social attitudes surveys that had been impacted by the aids crisis.
In the years between 1983 and 1987, the number of people believing that homosexuality is ‘always wrong’ rose from 50% to 64%
In the years between 1983 and 1987, the number of people believing that homosexuality is ‘always wrong’ rose from 50% to 64%
Labour were initially supportive of the policy of not promoting homosexuality over heterosexual relationships to give them ‘positive rights’ over another group.
Dr Jack Cunningham claimed ‘the Labour Party had never believed that local authorities should promote homosexuality’.
Dr Jack Cunningham claimed ‘the Labour Party had never believed that local authorities should promote homosexuality’.
Labour were reported to be in ‘two minds’ over the ban but were concerned ‘what would happen when children or young people might be in need of help or counselling’ and whether it would criminalise teachers who supported students.
Cunningham initially claimed that Section 28 did raise ‘fundamental issues of personal liberty and civil rights’ but wanted to differentiate between the ‘defence of civil liberties of homosexual people’ and giving people ‘positive rights or preferential treatment’.
Bernie Grant was Labour’s strongest early critic: ‘An example of typical Tory dogma, a disgraceful attack on a minority, some 10 per cent of the population’
It would ‘signal to every fascist and everyone opposed to homosexuals that the Government is really on their side’.
It would ‘signal to every fascist and everyone opposed to homosexuals that the Government is really on their side’.
In January 1988, Neil Kinnock attacked the Clause in Edinburgh:
‘Crude in its concept, slanderous in its drafting, viscous in its purpose. It is an assault on the civil rights of thought and expression’
He claimed it was a clause ‘produced and supported by a bunch of bigots’
‘Crude in its concept, slanderous in its drafting, viscous in its purpose. It is an assault on the civil rights of thought and expression’
He claimed it was a clause ‘produced and supported by a bunch of bigots’
Labour sought to add an amendment to section 28 to add 'other than by any action undertaken for the purpose of discouraging discrimination against or protecting the civil rights of any person.'
Cunningham opens ‘the Government were bigoted and were seeking to encourage bigotry’
Cunningham opens ‘the Government were bigoted and were seeking to encourage bigotry’
In a stormy debate, Nicholas Fairbairn called on Labour to outline ‘what extent he regards perversion in any psychopathological form as wrong. There is no question at all that homosexuality in either sex is psychopathological perversion’.
Cunningham replied: ‘he fails to recognise the reality of different people's sexual orientation. His intervention shows that he is portraying the very characteristic about which I was complaining among Ministers’
Fairbairn responded: ‘Sadism and masochism are not just orientations of human conduct; they are psychopathological manifestations of morbid conduct and homosexuality is the same’
Cunningham concluded: ‘I make it clear that we do not support the intentions of the clause. The motives and implications behind it are deeply to be deplored. I make it absolutely clear that a future Labour Government would not allow the implications and provisions of the clause'
Labour’s Chris Smith raised concern about children:
‘Important advice and counselling that ought to be available to that very concerned, very scared, teenager will not be available to him. That worries me deeply’
‘Important advice and counselling that ought to be available to that very concerned, very scared, teenager will not be available to him. That worries me deeply’
Smith dismissed the Tories framing of one type of relationship:
‘That form of sexuality will be endorsed, approved, applauded and given enhanced legal status, and everything else will become second-class….’
‘That form of sexuality will be endorsed, approved, applauded and given enhanced legal status, and everything else will become second-class….’
‘It is a view which refuses to recognise the difference, the diversity and the very richness of human life and human society. It is intolerant, immature and undemocratic, and I venture to assert that it is profoundly immoral’
Smith concluded his speech:
‘true morality and true decency mean accepting and celebrating diversity and being tolerant of the fact that everyone, no matter who or what he is, is entitled to live and lead his own life’
‘true morality and true decency mean accepting and celebrating diversity and being tolerant of the fact that everyone, no matter who or what he is, is entitled to live and lead his own life’
Fairbairn again dismissed the claims:
‘homosexuality is not one of the paths of sexual expression which diversify and enrich human experience’ and that ‘it is a major and unnatural perversion’.
‘homosexuality is not one of the paths of sexual expression which diversify and enrich human experience’ and that ‘it is a major and unnatural perversion’.
Tony Benn responded to Fairbairn:
‘I can think of nothing more psychopathologically sick than to devote one's life to the pursuit of those who follow practices which the hon. and learned Gentleman finds undesirable and to incite the public to hate them’
‘I can think of nothing more psychopathologically sick than to devote one's life to the pursuit of those who follow practices which the hon. and learned Gentleman finds undesirable and to incite the public to hate them’
Benn called it
‘a campaign has been whipped up by the gutter press which has done more to lower the standard of personal and public morality than any others in modern British society’
‘a campaign has been whipped up by the gutter press which has done more to lower the standard of personal and public morality than any others in modern British society’
Benn believed he was on the right side of history:
‘The day will come when people will look back on this debate and be glad that there were hon. Members on both sides of the House who stood against what is an incitement to harass decent people’
‘The day will come when people will look back on this debate and be glad that there were hon. Members on both sides of the House who stood against what is an incitement to harass decent people’
The arts community came out strongly against the clause.
Some predicted that ‘Britain would fall prey to censorship where intolerance would be encouraged’. Actresses such as Susannah York, Shelia Hancock and Jane Asher opposed.
Some predicted that ‘Britain would fall prey to censorship where intolerance would be encouraged’. Actresses such as Susannah York, Shelia Hancock and Jane Asher opposed.
The debate also prompted Ian McKellen to finally ‘come out’ in a BBC interview in January 1988.
‘It’s offensive to anyone who is - like myself - homosexual, apart from the whole business of what can and cannot be taught to children’
‘It’s offensive to anyone who is - like myself - homosexual, apart from the whole business of what can and cannot be taught to children’
Here is McKellen urging people to do what they can as individuals to resist the Clause and ‘come out’ against Section 28 (Diane Abbott also features)
‘Gays and lesbians are everywhere and they should be seen to be everywhere’
‘Gays and lesbians are everywhere and they should be seen to be everywhere’
The playwright Ned Sheerin was critical of both Labour’s and the Tory response.
He claimed the parties could publish a new book ‘Neil lives with Margaret and Edwina’
He claimed the parties could publish a new book ‘Neil lives with Margaret and Edwina’
In February 1988, there was a protest in the House of Lords where ‘lesbians swung on ropes commando style’ down the press gallery.
Protestor Rachel Cox claimed ‘we did it because we are very angry lesbians’
Protestor Rachel Cox claimed ‘we did it because we are very angry lesbians’
Dame Elaine Kellett-Bowman claimed that ‘it was the most extraordinary scene’ and ‘one chap almost lost his trousers in the malaise’.
She added ‘It beat anything that ever happened in the Commons’
She added ‘It beat anything that ever happened in the Commons’
The man who let the protestors in – by mistake – was Lord Monkswell.
The Lords cried Shame! as Monkswell attacked the Clause
‘I conclude with the words of a 12 year old girl yesterday in connection with Clause 28 – that it is just what the Germans did to the Jews’
The Lords cried Shame! as Monkswell attacked the Clause
‘I conclude with the words of a 12 year old girl yesterday in connection with Clause 28 – that it is just what the Germans did to the Jews’
In March 1988 it was finally passed:
Local gov ‘shall not intentionally promote homosexuality or publish material with the intention of promoting homosexuality’ or ‘promote the teaching in state schools of the acceptability of homosexuality as a pretended family relationship’
Local gov ‘shall not intentionally promote homosexuality or publish material with the intention of promoting homosexuality’ or ‘promote the teaching in state schools of the acceptability of homosexuality as a pretended family relationship’
In the month before it was due to become law, numerous rallies and protests were organised.
In Manchester, 20,000 took to the streets, while in London
Chris Smith joined Michael Cashman (of EastEnders) in ‘Britain’s biggest ever gay rights rally’.
In Manchester, 20,000 took to the streets, while in London
Chris Smith joined Michael Cashman (of EastEnders) in ‘Britain’s biggest ever gay rights rally’.
Sir Rhodes Boyson, dismissed the rally in a TV debate, linking homosexuality to AIDS:
‘Homosexuality it is unnatural. Aids is part of the fruits of the permissive society. The regular one-man, one-woman would not put us at risk with this in any way’.
‘Homosexuality it is unnatural. Aids is part of the fruits of the permissive society. The regular one-man, one-woman would not put us at risk with this in any way’.
Most famously, in the final 24 hours before it was due to be implemented, a group of female protesters interrupted the BBC news.
bbc.co.uk/news/av/storie…
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bbc.co.uk/news/av/storie…
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