Lifestyle and wellbeing Victoria Fenix Lifestyle and wellbeing Victoria Fenix

Gayness: Western society views being Gay as a crime (Yes, even today!)

I wrote this essay for my access to University course, for the history module, which I enjoyed learning about the history of LGBT rights, and I found it interesting, so I want to share. Some of the original essay has been amended for this blog post…

Since 1533, Homosexuality was criminal in the UK; however, in 1967, there was a huge turning point for gay people when the UK government decriminalized homosexuality,

The impact of homosexuality being a crime:

The criminalisation of homosexual activity placed an omen on the subject, creating fear, judgment and discrimination for gay people, causing many injustices, hate crimes and murder of thousands of LGBTQI+ people.

Furthermore, being gay was classified as a disease in the first edition of the DSM (Diagnostic Statistical Manual, created by the APA: American Psychological Society used by medical professionals to diagnose and treat individuals with medical and mental health conditions), published in 1952, resulting in gay individuals enduring barbaric conversion therapy. The classification was removed from the DSM in 1973, after activism and research demonstrated attraction to the same sex/gender as a normal variation of human sexuality.

(Conversion therapy: The use of psychiatric treatment to change the sexual orientation of a person; used especially as an attempt to heteronormalize homosexuals).

Though the UK has created great strides in equal rights for LGB individuals, they still face discrimination and hate crime reguraly.

The beginning: The Buggery Act, 1533

  • During Henry VIII’s reign, a law was imposed banning sodomy and buggery. Offences led to prosecution and convictions punishable by death, including activities done in private (British Library, 2022).

  • Centuries later, the ‘Offences against the Person Act, 1861’ served to remove the death penalty for sodomy and buggery crimes, by changing the punishment from death to 10 years imprisonment, showing an improvement in human rights (British Library, 2022).

This was for gay men, not for lesbian women:

The Buggery Act included gay activity, there is no mention of lesbian relationships. In 1921 parliament first discussed lesbian activity with the intent to criminalize it. Both the House of Commons and the House of Lords rejected the motion as they feared that women might be inspired to explore their sexuality, because ‘lesbians’ were uncommon(British Library, 2022).

The beginning of the change in mindset in the UK:

  • After World War Two, there was an influx of arrests and prosecutions for homosexuality, especially with high-ranking officers, which led to the questioning of the historic law (British Library, 2022).

  • In 1954 the UK government formed a ‘Department committee on homosexual offences and prosecution’ to review the law dealing with homosexuality and prostitution(Parliament, 2022).

  • In the ‘Wolfenden report’(1957) the committee reported that they believed that private homosexuality between consenting adults over 21 years should be decriminalized(Parliament, 2022). They concluded that homosexuality was not a disease and that the law should accommodate gay people rather than demoralize them but to protect the public (British Library, 2022).

  • The ‘Homosexual Law reform society’ campaigned for a change in how the government addressed the issue several times in parliament, with private members bills being tabled in 1960, 1962 and 1966 but were rejected each time (Parliament, 2022).

The change in law:

  • The ‘Sexual offences Act, 1967’ was passed in parliament, thus decriminalizing private homosexual activity between two men over the age of 21 in England.

  • It wasn’t until 1980 that Scotland followed suit and 1982 for Northern Ireland (Parliament, 2022).

  • The Act had a caveat that it would be an offence if more than two persons took part and if it was in a public place, particularly toilets (C. Ashworth, 2017).

Further adaptations

  • The ‘Criminal Justice and Public Order Act, 1994’ lowered the age of consent from 21 years, and again to 18 years in 2001.

  • it was lowered further to 16 to match the heterosexual age of consent in the UK(Parliament, 2022).

Fully decriminalizing homosexuality:

  • The ‘Civil partnership Act, 2004’ legalized same sex partnerships (British Library, 2022).

  • Following on from civil partnerships, the ‘Marriage Act, 2014’ was passed, allowing same sex couples to legally marry (Gov, 1967-1991 report).

‍Important key Acts for Homosexuals in the 20th century:

  • 1992 – The WHO declassifies being gay as a mental illness.

  • 2004 – ‘The Sexual Offences Act 2003’ withdraws the offences of those convicted of ‘Gross indecency and buggery’ and the reports are removed from the system.

  • 2005 – Section 146 of the ‘Criminal Justice Act 2003’ allows the UK courts to serve tougher sentences for people convicted of offences against a person’s sexual orientation, or their presumed sexual orientation.

  • 2010 – The ‘Equality Act 2010’ removes the ban of religious premises holding a civil ceremony.

  • ‍2012 – English and Welsh nationals appeal against their convictions and cautions which are no longer unlawful through the home office and their request is approved and records dissolved through the ‘Protection of Freedoms Act’ for consensual sex.

  • 2017 – The UK government issues posthumous pardons to gay people convicted under preconscious sexual offences in the last century.

  • 2019 – Guidance published for regulations made under section 34 and 35 of the Children and Social Work Act 2017 states that lessons on RSE should include same sex relationships in their RSE classes. This is a far cry from Section 28, which banned promotion of same sex relationships in schools in 1988 (Stonewall, 2022).

‍ Difficulties LGB face:

The UK government has begun to investigate issues important to the LGB in recent years. A national survey was conducted in July 2017, receiving more than 180,000 responses, recording it as the largest national survey in the world to-date. The responses of the survey spoke volumes. The Minister for Women and equalities published a comprehensive LGBT action plan to remove barriers and make UK a country that works for everyone (Gov, LGBT action plan, 2018). 

Important statistics the action plan outlined:

·       Only 9% of respondents out of the 21% that recalled discussions of sexual orientation, gender identity or both in school felt that it had prepared them for later in life as a LGBT person – from the result of Margret Thatcher’s section 28, banning ‘promotion of homosexuality.’

·       Hate crimes against LGB’s are the second most prevalent hate crime in the UK (Home office, Oct 2017 – Hate Crime England and Wales 2016-2017).

·       2% of respondence had undergone conversion therapy in an attempt to ‘cure’ them’ of being LGB and a further 5% had been offered it (NIESR, 2016 – Inequality amongst lesbians, gay, bisexual and transgender groups in the UK, July 2016).

·       68% of respondents with a minority sexual orientation said they had avoided holding hands with the same-sex partner in public.

·       70% said they avoided being open about their sexual orientation in fear of an international negative reaction (Gov, Action Plan, 2018).

‍ ‍

Homophobia still occurs today, continual work needs to be done to change the attitudes of the public to create an equal society, and break down matters the LGB+ face today.

Reference list

Parliament, 2022, regulating sex and sexuality: the 20th century, available from: Regulating sex and sexuality: the 20th century - UK Parliament [Accessed on 03.02.22]

S. Dryden, British Library, a short history of LGBT rights in the UK, available from:  A Short History of LGBT Rights in the UK - The British Library (bl.uk) [accessed on 03.02.22]

Gov, 2022, Sexual offences act, 1967, available from: ukpga_19670060_en.pdf (legislation.gov.uk) [Accessed on 03.02.22]

Gov Foreign and common wealth, 2022, J. Southern, Homosexuality at the foreign office 1967-1991. History Notes, issue 19. available from: ISSUU Homoesexuality at the FCO (publishing.service.gov.uk) [Accessed on 03.02.2022]

C. Ashford, 26.07.2017, Buggery, bribery, and a committee: The story of how Gay sex was decriminalized in Britain, The Independent, available from: Buggery, bribery and a committee: The story of how gay sex was decriminalised in Britain | The Independent | The Independent [Accessed on 03.02.2022]

Gov, Government equalities office, LGBT action plan, July 2018, available from: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/721367/GEO-LGBT-Action-Plan.pdf [Accessed on 07.02.22]

The fund for Global human rights, 2021, available from:  https://globalhumanrights.org/lgbtq-rights/ [Accessed on 07.02.22]

Mind, 2022, available from:https://www.mind.org.uk/information-support/tips-for-everyday-living/lgbtiqplus-mental-health/about-lgbtiqplus-mental-health/ [Accessed on 07.02.22]

Glen Smith et al., 21.02.2004BMJ publishing group, Treatment of homosexuality, available from: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC344257 [Accessed on 07.02.2022]

Stonewall, 2017, available from:  https://www.stonewall.org.uk/key-dates-lesbian-gay-bi-and-trans-equality  [Accessed on 07.02.2022]

English heritage, available from:  https://www.english-heritage.org.uk/visit/blue-plaques/blue-plaque-stories/lgbtq-plaques/#?theme=353&page=1  [Accessed on 07.02.2022]

Office for National statistics, sexual orientation 2018, available from: https://www.ons.gov.uk/peoplepopulationandcommunity/culturalidentity/sexuality/bulletins/sexualidentityuk/2018 [Accessed on 07.02.2022]

Office for National statistics, sexual orientation 2019, available from:  https://www.ons.gov.uk/peoplepopulationandcommunity/culturalidentity/sexuality/bulletins/sexualidentityuk/2019 [Accessed on 07.02.2022]

LGBT health, Gay representation in Cinema, Siobhan Donegan, 20.05.21, available from: https://www.lgbthealth.org.uk/lgbt-health-blog/gay-representation-cinema-tv/ [Accessed on 08/02/22]

https://www.lgbthealth.org.uk/lgbt-health-blog/gay-art-queer-art/

Gay in the 80’s, 2022, available from:  https://www.gayinthe80s.com/2014/09/1987-judge-rules-social-prejudice-enough-to-deny-lesbian-child-custody [accessed on 08.02.22]

‍Images from Upsplash.

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