Section 28

Section 28 was a controversial anti-gay amendment to the United Kingdom's 1988 Local Government Act, enacted on 24 May 1988 and finally repealed on 18 November 2003.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"http://www.hmso.gov.uk/acts/acts1988/Ukpga_19880009_en_5.htm#mdiv28.

History

Section 28 was a product of intense media interest in homosexuality and the right-wing Thatcherite Conservative Government of the eighties/early nineties. The spread of AIDS brought about wide-spread public panic and fear, much of which was directed at the gay and transgender communities.

Related Topics:
Thatcherite - Conservative - AIDS - Transgender

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In 1983 the tabloid newspaper the Daily Mail 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 gay boyfriend ? was provided in a school library run by the Labour-controlled Inner London Education Authority. It is thought the resulting moral panic made a major contribution towards the subsequent passing of Section 28.http://books.guardian.co.uk/departments/childrenandteens/story/0,6000,130836,00.html

Related Topics:
1983 - Tabloid - Daily Mail - Jenny lives with Eric and Martin - Labour - Inner London Education Authority - Moral panic

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As a consequence, many Conservative backbench MPs became concerned that left-wing councils were indoctrinating young children with what they considered to be homosexual propaganda. In 1986 Lord Halsbury 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. However, the law successfully passed the House of Lords and was adopted by Conservative MP Dame Jill Knight. However, swamped by the announcement of the 1987 general election and lacking government support, Halsbury's bill failed.

Related Topics:
MP - Left-wing - 1986 - Lord Halsbury - Private Member's Bill - House of Lords - Dame Jill Knight - 1987

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On 7 December, 1987 Conservative MP David Wilshire re-introduced an amendment to the Local Government Act for a similar clause, entitled Clause 28http://myweb.lsbu.ac.uk/~stafflag/lawsection28.html. The new amendment was championed by Knight and accepted and defended by Michael Howard, Minister for Local Government. Despite having very little to do with the broad remit of the Act, which dealt with the compulsory tendering of school serviceshttp://news.bbc.co.uk/1/hi/scotland/611704.stm, they attempted to quickly and quietly slip the amendment through Parliament. 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.

Related Topics:
7 December - David Wilshire - Amendment - Local Government Act - Michael Howard - 8 December - 1987 - 15 December

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As Section 28 neared enactment tensions rose and attacks on gays and lesbians increased culminating in an arson attack on the London gay newspaper, Capital Gay. http://www.ussu.info/index.cfm?PRIMARY_ID=1&SECONDARY_ID=288&TERTIARY_ID=895 Section 28 became law on 24 May, 1988. The night before, lesbians protested, abseiling (rappelling) into Parliament and famously invading the BBC's Six O'Clock Newshttp://news.bbc.co.uk/1/hi/scotland/611704.stm. One managed to chain herself to Sue Lawley's desk and was sat on by Nicholas Witchellhttp://news.scotsman.com/latest.cfm?id=4333511.

Related Topics:
London - Capital Gay - 24 May - 1988 - Abseiling - BBC - Sue Lawley - Nicholas Witchell

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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.

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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." http://www.teachers.org.uk/story.php?id=2320

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Similarly, the Department for Education and Science made the following statement in 1988 regarding Section 28:

Related Topics:
Department for Education and Science - 1988

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:"Section 28 does not affect the activities of school governors, nor of teachers... It will not prevent the objective discussion of homosexuality in the classroom, nor the counselling of pupils concerned about their sexuality."

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It is said that when Knight heard this, she was somewhat upset, remarking that:

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:"This has got to be a mistake. The major point of it was to protect children in schools from having homosexuality thrust upon them." http://briandeer.com/social/clause-28.htm

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While it is obvious that the original intention of the bill was to affect schools it is unclear whether Section 28 actually had any such effect. In response to these criticisms, supporters claimed that the NUT and Department of Education were mistaken.

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Certainly, 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 Education and Skills Act 2000 and the Education Act 1996. Nevertheless, many pro-gay and anti-gay campaigners still saw Section 28 as a symbolic issue and continued to fight their own particular causes over it until its repeal.

Related Topics:
Sex education - England and Wales - Secretary of State for Education - Education and Skills Act 2000 - Education Act 1996

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Political response

The introduction of Section 28 was a blow to the gay rights cause, but it also served to galvanise the disparate British gay rights movement into action. The resulting protest saw the rise of now famous groups like Stonewall, started by, amongst other people, Ian McKellen, and OutRage!, subsequently led by Peter Tatchell.http://news.bbc.co.uk/1/hi/scotland/611704.stm

Related Topics:
Gay rights - Stonewall - Ian McKellen - OutRage! - Peter Tatchell

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While the gay rights movement was united over Section 28, gay issues 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 supporting the repeal of Section 28, prompting pro-modernising Tories, 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.http://news.bbc.co.uk/1/hi/uk_politics/862683.stm

Related Topics:
Modernist - Traditionalists - 1999 - William Hague - Frontbencher - Shaun Woodward - Steve Norris - 2000 - Ivan Massow

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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.

Related Topics:
Christian Institute - Glasgow City Council

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Repeal

On 7 February, 2000, the first attempted legislation to repeal Section 28 was introduced by the Labour Government, but was defeated by a House of Lords campaign led by Baroness Young.

Related Topics:
7 February - 2000 - Baroness Young

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In the newly devolved Scottish Parliament the repeal process was more successful. Despite the efforts of various groups ? including an attempt by millionaire and evangelical Christian Brian Souter to run his own privately funded public poll as part of his Keep the Clause campaign in an attempt to discredit reformershttp://news.bbc.co.uk/1/hi/scotland/768882.stm ? Section 28 was successfully repealed by the Scottish Parliament on 21 June, 2000 with a 99 to 17 vote, with only two abstentions.

Related Topics:
Devolved - Scottish Parliament - Brian Souter - Poll - 21 June - 2000

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On 24 July, 2000 legislation to repeal Section 28 was once again re-introduced and passed the Commons in a free vote. In the intervening period between the last attempt to repeal Section 28 the Labour Government had drastically reformed the House of Lords, removing the majority of the hereditary peers. Concessions were also made in the form of the new Learning and Skills Bill which emphasised family values and which was hoped would win over opponents. However the repeal once again stalled in the House of Lords.

Related Topics:
24 July - 2000 - Free vote - Hereditary peer - Learning and Skills Bill - Family values

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Despite consecutive defeats in the House of Lords 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. This passed the Lords and received Royal Assent on the 18 September 2003 and the repeal became effective on the 18 November 2003.

Related Topics:
England - Wales - Local Government Act 2003 - Royal Assent - 18 September - 2003 - 18 November

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Kent County Council

However, Parliamentary repeal was not the end of the story for Section 28. In 2000 Conservative councillors at Kent County Council (KCC), lead by Sir Sandy Bruce-Lockhart, narrowly voted in favour of introducing a new, local regulation meant to replace Section 28 in the event of its repeal.

Related Topics:
2000 - Kent - County Council - Sandy Bruce-Lockhart

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This new regulation was sometimes referred to as the "Kent Section 28" or, more tongue-in-cheek, "Son of Section 28" and was hotly opposed by gay rights groups, particularly youth-orientated ones such as the Queer Youth Alliance. It stated that "KCC shall not publish, purchase or distribute material with the intention of promoting homosexuality". There is no mention of "pretended family relationships" as in the original and the new regulation, in a nod towards tolerance, also stated that the new education directives would:

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:"Enable children to lead a healthy, fulfilling and meaningful life in which they respect themselves as individuals, whilst developing an understanding, tolerance and respect for others and their differences, treating all people as equal."

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In December 2004 KCC re-worded their regulation to remove any references to homosexuality, apparently after Lockheart read an article in the Gay Times.http://www.indymedia.org.uk/en/2005/01/303498.html

Related Topics:
December 2004 - Gay Times

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