Former British anti-homosexuality law
Section 28 refers to a part of the Local Government Act 1988, which stated that local authorities in England, Scotland and Wales "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". It is sometimes referred to as Clause 28, or as Section 2A in reference to the relevant Scottish legislation.
The legislation came into effect during Margaret Thatcher's premiership on 24 May 1988. It caused many organisations, such as LGBT student support groups to either close, limit their activities or to self-censor. In addition, Section 28 had a widespread impact on schools across the United Kingdom. This was due to uncertainty around what constituted the "promotion" of homosexuality, leading many teachers to avoid discussing the topic in any educational context.
Section 28 was first repealed in Scotland under the Ethical Standards in Public Life etc. (Scotland) Act 2000. It was subsequently repealed in England and Wales in November 2003, following New Labour's initial unsuccessful attempt to repeal the legislation under the Local Government Act 2000.
History.
Background.
Homosexuality was decriminalised for men over the age of 21 under the Sexual Offences Act 1967, following recommendations made in the Wolfdenden report in 1957. However, discrimination against gay men, and LGBT people in general, continued in the following decades.
This was exacerbated in 1981, as the first recorded cases of HIV/AIDS were found in five gay men with no previous health issues. The mass media, as well as medical professionals, then associated HIV/AIDS with gay and bisexual men. Although subsequent medical research showed that gay men were not the only people who were susceptible to contracting the virus, the perceived association with HIV/AIDS increased the stigmatisation of gay and bisexual men. This correlated with higher levels of discrimination towards LGBT people.
Rising negative sentiments towards homosexuality peaked in 1987, the year before Section 28 was enacted. According to the British Social Attitudes Survey, 75% of the population said that homosexual activity was "always or mostly wrong", with just 11% believing it to be "not wrong at all". Five years prior to the enactment, a similar BSAS poll had found that 61% of Conservative and 67% of Labour voters believed homosexual activity to be "always or mostly wrong".
The law's precursor was the publication in 1979 of LEA Arrangements for the School Curriculum, which required local authorities to publish their curriculum policies. Following the legalisation of homosexuality proposals for Scotland (added as an amendment to what became the Criminal Justice (Scotland) Act 1980 by Labour MP Robin Cook), guidance was published indicating that schools should not teach homosexuality as part of sex education lessons. This was part of a deal to ensure government support for legalisation of homosexuality in Scotland.
This was followed, two years later, by the School Curriculum (25 March 1981), in which the secretaries of state (for Education and Wales) said they had decided to "set out in some detail the approach to the school curriculum which they consider should now be followed in the years ahead". Every local education authority was expected to frame policies for the school curriculum consistent with the government's "recommended approach" (DES 1981a:5) which required teaching of only heterosexual intercourse in schools.
Despite growing levels of homophobia in 1980s Britain, several Labour-led councils across the country introduced a range of anti-discrimination policies and provided specialist support services for their LGBT constituents. The Greater London Council also granted funding to a number of LGBT organisations, including the "London Lesbian and Gay Community Centre" in Islington. About 10 of the 32 local authorities in London, most prominently Islington and Haringey were also funding gay groups at that time, one report estimating that these boroughs and the GLC together donated more than £600,000 to gay projects and groups during 1984.
The attention to this, and the alliances between LGBT and labour unions (including the National Union of Mineworkers (NUM)) – formed by activist groups such as Lesbians and Gays Support the Miners and Lesbians Against Pit Closures – led to the adoption at the Labour Party Annual Conference in 1985 of a resolution to criminalise discrimination against lesbian, gay and bisexual people. This legislation was supported by block voting from the NUM. In addition, the election to Manchester City Council of Margaret Roff in November 1985 as the UK's first openly lesbian Mayor and the publication of "Changing The World" by the GLC in 1985 all fuelled a heightened public awareness of LGBT rights.
Islington London Borough Council received further attention in 1986, when the "Islington Gazette" reported that a copy of the children's book "Jenny Lives with Eric and Martin" was available in a local school library. The copy found by the Islington Gazette was actually located in an Inner London Education Authority teachers’ resource centre, and there was no evidence to support the newspaper's claim that it was seen or used by children. However, the book's portrayal of a young girl living with her father and his male partner provoked widespread outrage from the right-wing press and Conservative politicians. Following this, the 1987 election campaign saw the Conservative Party issue posters attacking the Labour Party for supporting the provision of LGBT education. "Jenny Lives with Eric and Martin" was referenced frequently in the parliamentary debates that led to the introduction of Section 28.
Legislation.
Prior to the introduction of Section 28, Conservative politicians became concerned about the future of the nuclear family as fewer people were getting married and divorce rates were increasing. In an attempt to mitigate these fears, the government introduced a clause to the Education (No. 2) Act 1986 which stated that sex education should “encourage … pupils to have due regard to moral considerations and the value of family life”. However, some Conservatives also blamed the perceived decline of the nuclear family on members of the LGBT community. During this time, Conservative backbench MPs such as Jill Knight also believed that schools and Labour-run local authority areas would provide materials that would ‘promote homosexuality’ to children.
Consequently, in 1986, Lord Halsbury first tabled the Local Government Act 1986 (Amendment) Bill, whose long title was "An act to refrain local authorities from promoting homosexuality", in the House of Lords. The bill became commonly known as the Earl of Halsbury's Bill. Although it successfully passed both the House of Lords and the first stage in the House of Commons, further attempts to pass the bill were impeded by the 1987 general election and it ultimately did not become law. Its provisions were not reintroduced by the Conservative government following its re-election.
Instead, on 2 December 1987 in committee, Conservative MP David Wilshire proposed an amendment to the new Local Government Bill, as not yet passed, debated as "Clause 27" and later as "Clause 28", intended to be equivalent to the Earl of Halsbury's Bill. The government agreed to support the tabling of the amendment in exchange for Knight forgoing her place on the Health and Medicines Bill standing committee; the amendment received the support of the Ministers for Local Government, Michael Howard and Michael Portillo. On being tabled, a compromise amendment was introduced by Simon Hughes on 8 December 1987 that was debated in the House on 15 December 1987 and which was defeated by a majority of 87, and the bill was approved on its first Commons debate that day. The bill was read a first time in the Lords two days later.
Lord McIntosh of Haringey took up the mantle of Simon Hughes' amendments in the Lords' second reading, furthered by the Bishop of Manchester, Stanley Booth-Clibborn:
 ;templatestyles src="Template:Blockquote/styles.css" / ;I should regret it if this Bill were to go through with this clause unamended. If it were to do so, I think it should certainly be confined to schools because otherwise there would be a real danger that some organisations which do good work in helping those with homosexual orientation, psychologically and in other ways, would be very much impeded.
A spectrum of literature across the ages was cited (in support of these compromise amendments) by Lord Peston. Nonetheless, the Bill passed second reading in the Lords before going to a whole house committee.
In that debate Lord Boyd-Carpenter cited a book display, and proposals for "gay books" to be present in a children's home and a gay pride week to be permissible in schools by named London councils. However, on questioning, he said, "of course, 'promotion' can be treated in different ways. If the clause becomes law it will be a matter for the courts to interpret in the sensible way in which the courts do interpret the law." The SDP peer Viscount Falkland with Lord Henderson of Brompton proposed another compromise amendment, the so-called "Arts Council" amendment, and remarked "There is a suggestion in the clause that in no way can a homosexual have a loving, caring or responsible relationship".
Lord Somers countered:
 ;templatestyles src="Template:Blockquote/styles.css" / ;One has only to look through the entire animal world to realise that it is abnormal. In any case, the clause as it stands does not prohibit homosexuality in any form; it merely discourages the teaching of it. When one is young at school one is very impressionable and may just as easily pick up bad habits as good habits.
The narrowing amendment failed by a majority of 55 voting against it; and the Lords voted the clause through the following day by a majority of 80.
Michael Colvin MP thus on 8 March asked whether the minister, Christopher Chope, would discuss with the Association of London Authorities the level of expenditure by local authorities in London on support for gay and lesbian groups to which he replied:
 ;templatestyles src="Template:Blockquote/styles.css" / ;No. Clause 28 of the Local Government Bill will ensure that expenditure by local authorities for the purpose of promoting homosexuality will no longer be permitted.
The following day Tony Benn said during a debate in the House of Commons:
 ;templatestyles src="Template:Blockquote/styles.css" / ;
Wilshire added that "there is an awful lot more promotion of homosexuality going on by local government outside classrooms", and the tempering amendments of that day's final debate were defeated by 53 votes.
Section 28 became law on 24 May 1988. The night before, several protests were staged by lesbians, including abseiling into Parliament and an invasion of the BBC1's "Six O'Clock News", during which one woman managed to chain herself to Sue Lawley's desk and was sat on by the newsreader Nicholas Witchell.
Controversy over applicability.
As the Education (No. 2) Act 1986 gave school governors increased powers over the delivery of sex education, and Local Education Authorities no longer retained control over this, it has been argued that Section 28 was a redundant piece of legislation. Section 28 was heavily influential in spite of this, and many of its opponents campaigned for its abolition as "a symbolic measure against intolerance."
In response to widespread uncertainty about what the legislation permitted, including a common misconception that teachers were banned from discussing homosexuality with their students, the National Union of Teachers released a statement to try to provide clarity for its members. The statement asserted that the legislation restricted “the ability of local authorities to support schools in respect of learning and educating for equality”, had an adverse impact on schemes designed to curb discrimination and made “it difficult for schools to prevent or address the serious problems that arise from homophobic bullying." A also stated that Section 28 would “not prevent the objective discussion of homosexuality in the classroom, nor the counselling of pupils concerned about their sexuality." This contributed to further confusion around what was permitted under Section 28, with Jill Knight asserting that the aim of Section 28 “was to protect children in schools from having homosexuality thrust upon them."
Both the Education Act 1996 and the Learning and Skills Act 2000 reduced Section 28's impact on sex education policy prior to its repeal, as the Secretary of State for Education solely regulated the delivery of sex education in England and Wales under these policies. However, the policy continued to have a significant impact on LGBT inequality across Britain.
Prosecutions and complaints.
No local authorities were successfully prosecuted under Section 28. However, there were legal attempts to use it to stop the funding of LGBT and HIV/AIDS prevention initiatives.
In May 2000, Glasgow resident Sheena Strain took Glasgow City