Section 28

Section 28 was a controversial clause of the Local Government Act 1988 in the United Kingdom. It prohibited local authorities from "promoting homosexuality" or promoting the teaching of its acceptability as a "pretended family relationship". The legislation was introduced by the Conservative government of Margaret Thatcher and sparked widespread protest from LGBT rights groups. It remained in force in England and Wales until 2003 and in Scotland until 2000, leaving a lasting legacy of division and activism.

Background and legislative history

The clause emerged during a period of social conservatism in the 1980s, amplified by the HIV/AIDS crisis and associated stigma. Key moral campaigns were led by figures like Mary Whitehouse and supported by elements within the Conservative Party. The immediate political catalyst was a manufactured controversy over a children's book, *Jenny Lives with Eric and Martin*, which was falsely alleged to be widely available in schools. Speeches by ministers like Norman Tebbit and David Wilshire framed the issue as protecting children from so-called "homosexual propaganda". The amendment was added to the Local Government Act 1988 during its passage through the House of Lords, championed by the Baroness Cox. It received support from backbench Conservative MPs and was passed despite opposition from Labour and Liberal Democrat members.

Provisions and scope

The text stated that a local authority "shall not intentionally promote homosexuality or publish material with the intention of promoting homosexuality". It further forbade the teaching in any maintained school of "the acceptability of homosexuality as a pretended family relationship". The terms "promote" and "pretended family relationship" were not legally defined, creating significant ambiguity. This vagueness had a chilling effect, as local authorities, fearing legal challenges, often avoided any work perceived as supportive of LGBT people. The law applied to the activities of local government bodies, including the funding of community groups and the content of school curricula. It did not criminalise homosexuality itself, which had been partially decriminalised by the Sexual Offences Act 1967.

Impact and opposition

The primary impact was widespread censorship and the stifling of support services. Many local authorities withdrew funding from LGBT youth groups and halted the distribution of informational materials. Teachers and librarians became fearful of discussing same-sex relationships, leaving many young LGBT people isolated without support. The legislation galvanised a new wave of LGBT activism. Groups like Stonewall, co-founded by Ian McKellen and Michael Cashman, were established specifically to oppose it. High-profile protests included the 1988 invasion of the BBC's Six O'Clock News by Lesbians and Gays Support the Miners and a demonstration where activists abseiled into the House of Lords. The Scottish Parliament, established in 1999, made its repeal an early priority.

Repeal and legacy

Following the election of the Labour government under Tony Blair in 1997, moves for repeal began. The Scottish Parliament successfully repealed the law in Scotland on 21 June 2000, after a contentious legislative battle and attempts by Baroness Young to block it in the House of Lords. Repeal in England and Wales was achieved via the Local Government Act 2003, coming into force on 18 November 2003. The legacy of Section 28 is profound; it is widely seen as a symbol of state-sponsored homophobia that caused significant harm to a generation. Conversely, it also served as a powerful mobilising force, strengthening the LGBT rights movement and influencing later progressive legislation like the Marriage (Same Sex Couples) Act 2013. Its history remains a potent reference point in debates over equality, education, and the role of the state.

Category:1988 in British law Category:Local Government Act 1988 Category:LGBT history in the United Kingdom Category:Repealed British legislation Category:Thatcher government