SECTION 28
WHAT'S IT ALL ABOUT?
Written in July 1998
Many happy returns Section 28. You are 10 years old this month! The
Conservative Party's little baby started life as Clause 25 thus evolving
into Section 28 when it eventually became law in 1988. Like the Conservative
Party Section 28 is a bit of an odd b all to say the least. Many of you
may not have known that it even existed let alone what it actually meant
or did, or didn't do as the case usually was. So let me enlighten you. The
following is the definition of the farcical piece of legislation:
Section 28 is part of the Local Government Act 1988 - It
states that:
A Local authority shall not
(A) Intentionally promote homosexuality or publish material
with the intention of promoting homosexuality;
(B) Promote the teaching of homosexuality in any grant
maintained school of the acceptability of homosexuality as a pretended family
relationship
Nothing in the subsection above shall be taken to prohibit
the doing of anything for the purpose of treating or preventing the spread
of disease.
Believe it or not this piece of null and void legislation was used as
a political tool, by The Conservative Party, to win the 1987 General Election.
And it doesnÕt stop there either. The media as usual helped to take
a Section 28 related issue completely out of context. You shouldn't believe
everything you read, but unfortunately THE SUN readers do! What does THE
SUN say? Oh, yes, "Dedicated to the people of Britain". Well THE
SUN certainly wasn't dedicated to the millions of LGB across the country
when n ews of a book, "Jenny Lives with Eric and Martin", was
leaked to the press in 1987. The headline read ÒVile book in schoolÓ.
THE SUN claimed that the book was available to school children in London.
This was not the case. The book was only available to sc hool teachers not
the pupils.
Tony Grifford advised the National Council for Civil Liberties, ÒGood
education principles are not effected by Section 28Ó. He went on
to say, "It cannot prevent teachers from protecting the welfare of
pupils by offering honest and factual explanations of Lesbian and Gay issues".
He concluded that, "Whether by accident or design, Section 28 does
not restrain honest discussion of homosexuality in the classroom. Local
authorities never had the power to encourage "homosexual acts".
A Section 28 case never reached the courts. However, the mere fact that
this law exists is a violation of human rights. The effect of Section 28
was indirect. The Avon Touring Company was prevented from performing a gay-themed
play in a Bristol school in October of 1988; months later a Lesbian and
Gay Group meeting was prevented by Essex County Council; most surprisingly
The Pink Paper was banned from libraries in Glasgow in 1995.
Within the next 12 months Section 28 will be no more! The 1988 Local
Government Act will be scrapped and replaced, included within it will be
equal opportunities legislation for Lesbians, Gays and Bisexuals. However,
Section 28 has not been repealed just yet, nor can homosexuals serve in
the armed forces and nor can gay men have sex legally at 16. So what can
you do? Well you can join One in Ten Magazine in our letter writing campaigns,
join forces with Youthspeak, go on rallyÕs and marches. Make sure
you r voice is heard in a majority to make changes for the better.
We'll keep you posted on the progress of Section 28, homosexuals in
the armed forces and the equal age of consent in future issues. And don't
forget to keep us informed about these and any other issues!
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