* Any views expressed in this opinion piece are those of the author and not of Thomson Reuters Foundation.
Despite progress on LGBTQ+ rights in recent years, fears spread that the UK could start to move backwardsPatrick Johnson is director of equality, diversity and inclusion at The University of Law
LGBTQ+ rights have made huge progress in recent years. However, recent events have brought about a nervousness that these rights in the UK could now start to move backwards.
A brief history of UK LGBTQ+ rights
The 1960s brought about the first significant legal LGBTQ+ milestone in UK law and politics. After years of campaigning for LGBTQ+ rights, the Sexual Offences Act 1967 was passed. This move decriminalised homosexual acts in private between two men, both of whom had to be at least 21, but only in England and Wales.
This was just the beginning, as homosexuality was still a criminal offence in Scotland and Northern Ireland, which didn’t change until legislation was passed in 1980 and 1982 respectively.
However, the fight to gain LGBTQ+ equal rights has not been without challenges and difficulties, as demonstrated by the somewhat incremental progression over the 56 years since decriminalisation. During this period of progress, government policymakers have also passed legislation that has set back LGBTQ+ equality, such as Section 28.
Section 28 explained
Section 28 restricted schools and local authorities from ‘promoting homosexuality’. This meant that representation and acknowledgement of LGBTQ+ identities were erased from schools, and teachers were threatened with disciplinary action for discussing homosexuality or effectively challenging homophobia.
The legislation stunted vital communication and education as the LGBTQ+ community struggled with the AIDS epidemic and allowed ignorance and discriminatory attitudes to grow amongst the general public due to a lack of education and awareness.
Section 28 was eventually overturned in Scotland in 2000 and in England and Wales in 2003, after causing significant harm to many generations of LGBTQ+ people who grew up during this time.
The risks to LGBTQ+ rights now
Research shows a rise in anti-LGBTQ+ rhetoric, discrimination and hate crime incidents in recent years, which highlights significant challenges for progress in this area. These challenges and issues are disproportionately felt by the trans community, who have been directly impacted in the past few weeks by a significant legal challenge in Scotland and polarised media debate around British prime minister Rishi Sunak’s use of the Section 35 Order.
This is the first time in history we’ve seen the section 35 mechanism used, which gives the UK government the power to block Scotland’s ground-breaking gender reform bill before it proceeds to Royal Assent to be made law.
We’ve also seen a petition gathering more than 190,000 signatures demanding the government brings back Section 28. At more than 100,00 signatures this petition will now be debated in Parliament.
How easy is it to overturn the laws protecting the LGBTQ+ community?
With recent events it is fair to say the nervousness among the LGBTQ+ community is justified. If we start to see the laws protecting the LGBTQ+ community erode, then equal rights will be set back decades.
However, it isn’t quite so simple to overturn or change a law in the UK. To officially set something into UK law takes several rounds of debate in either the House of Commons or House of Lords, before proceeding to Royal Assent.
That isn’t to say these laws are completely safe. More than anything, what this means is that it’s more important now than ever before to make your voice heard and protect LGBTQ+ rights in the UK.
