The Point

Last updated: 27 June 2022.

Pride, Not Prejudice

In the year the Scottish Government writes gay marriage into law with overwhelming support in the opinion polls, trade union activist, academic and LGBT campaigner Lynn Sheridan looks back to the battle over the Repeal of s28 (2a) in Scotland, reviews how far the struggle for LGBT equality has come, and what still needs to be done

 

While reading for the purpose of writing this article I felt as if I was on a trip down memory lane. For some of you reading this I imagine that it will raise many emotions and feelings of isolation, anger, fear but ultimately a feeling of solidarity.

The political history of the Lesbian &Gay (L & G) and subsequently Lesbian, Gay, Bisexual and Transgender (LGBT) community has been one of oppression, discrimination, campaigning and fight backs.

The decriminalisation of homosexual acts was not introduced until 1967. Until the introduction of Sexual Offences Act 1967 men of any age found to be involved in sexual acts could and were prosecuted. Many men of this generation had to live with a criminal record for participating in sexual acts with other consenting men. The 1967 act decriminalised homosexual acts for men over the age of 21. I make no mention of woman as it was never considered an illegal act for women to engage in sexual acts, this stemmed back to Queen Victoria, she did not believe that women would ever be involved in such 'perverse' behaviour so they were not included in any subsequent legislation!

With the 1967 act came a more open attitude to homosexuality. Historically gay men had been blackmailed, oppressed and criminalised for their personal preferences. Some films from this period of history highlight they fear that they lived with on a daily basis. The Stonewall Riots which took place in New York in 1969 led to the emergence of Gay Rights organisations and activists. Much has been written about this and if readers are interested in finding out more then the AARP website is a good starting place.

In the UK we saw the establishment of campaigning groups who highlighted the oppression and discrimination that those who identified as gay were facing within employment, housing and health. The Gay Liberation Front was established in 1970, the first Pride March was in 1972. In 1977 the Trade Union Congress (TUC) held its first L&G conference to discuss the rights of L&G workers and ILGA (International Lesbian and Gay Association) was formed in 1979.

During the 1970's Local Authorities helped to support local gay rights campaigns via financial support and the formation of local support groups.

The work of these groups, and many others, became essential to the fight against homophobia with the discovery in the early 1980's of AIDS (acquired immune deficiency syndrome). AIDS is the final stage of HIV disease, which causes severe damage to the immune system. AIDS was at this time labelled a 'Gay' disease as the first recorded victims of the disease were gay men. There followed an outpouring of media and press attacks on the gay community via the press and media.

The right wing press worked hand in hand with right wing conservatives to push back many of the concessions gained by the gay rights movement. They were particularly vicious in their attitudes towards Local Authorities who through their anti-discrimination policies. The Tory Government of the time, led by Margaret Thatcher, introduced the Local Government Act in 1986. This act was amended in 1988. The amendment of the act (clause 28) stated that Local Authorities "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". Their followed much debate as to what was meant by the word promote. Tony Benn, MP, raised this question in parliament.

Many councils and teaching unions feared that any discussion of homosexuality or alternative lifestyles would lead to them being prosecuted by this pernicious piece of legislation. To their credit some local authorities largely ignored the legislation - Manchester City Council being one of these. There was one case of s28 being used in the courts, May 2000 saw Glasgow City Council taken to court by the Christian Institute. The Institute argued that by funding AIDS charities the council had breached the act as amended and were in fact promoting homosexuality. The Institute lost their case.

1999 heralded the devolved parliament for Scotland. The Scottish Parliament was at this time conscious of the inequality within Scottish society and our legislation. They pledged to end this inequality. The Equality Unit was set up to 'equality proof' all aspects of new legislation. They also funded the Equality Network which works to highlight and campaign against inequality.

The Equality Network , in alliance with other campaigning groups and trade unions, led the fight for the scrapping of s28 (2a) of the 1986 Local Government Act. During this time (2000), there emerged opposition to the repeal of the act. This opposition was led and financed by Brian Souter, a major financial contributor to the SNP. What followed was a vicious campaign to maintain the status quo.

Those of us who lived through his campaign can vividly remember the billposter, postcard and postal ballot, all financed by Souter to 'Keep the Clause'. Souter aligned himself with the Catholic Church and sections of the press to promote their position. The postal ballot organised and financed by Souter sent a voting card to every registered voter in Scotland, 3.6 million. This ballot was promoted by the Daily Record who supported Souter.

Souter's campaign galvanised the LGBT community, trade unions and working class people. There was public burning of the ballot paper events organised across Scotland and the people of Scotland campaigned and lobbied their newly elected MSP's to ignore the pressure of Souter and to continue in their vision for a more equal society.

 The then Communities Minister, Wendy Alexander MSP, criticised the poll stating "I think what is significant about today's ballot is that two out of three voters rejected, or binned or simply ignored this glorified opinion poll." (Scotsman, 2005).

To the credit of the newly establish Scottish Parliament section 2A was repealed as part of the Ethical Standards in Public Life etc. (Scotland)Act 2000.

During the consultation on the Marriage and Civil Partnership (Scotland) Bill we have seen that many of those who opposed the repeal of clause 28 (2a) have re-established their alliances. The hypocrisy shown by senior leaders of the Catholic Church continue to be exposed by their opposition to the proposed Bill.

The problem that they have 13 years later is that attitudes in Scotland have moved on, we are a much more socially aware society and subsequent legislation e.g. The Offences (Aggravation by Prejudice) (Scotland) Act 2009 now extends the legislation on hate crimes to cover disabled people as well as those in LGBT communities.

Hopefully those who which to enshrine their relationship within marriage will be able to do so.

In conclusion I would offer a word of warning. Legislation, in of itself, will not eradicate homophobia and other prejudices. No matter what legislation we have on the statute books we need to ensure that all members of our society are allowed to live without fear.

As we move towards the Referendum in 2014 the debates which will ensue will encompass many aspects of our society. As trade unionists, political activists and leaders of our communities we must make sure that human rights issues are to the forefront of these debates and discussions. Our vision for or against an Independent Scotland must be judged by our human rights agenda.

Lynn Sheridan