Section 28

Section 28 was a controversial amendment to the Local Government Act 1986. The amendment stated that the Local Authority:

“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”.

The amendment was as a consequence of many back bench MPs being concerned that some local councils were indoctrinating young children with “homosexual propaganda”.

As a result it was long thought that a person would be prosecuted if they distributed any written material that portrayed a gay relationship as equal to a heterosexual relationship. This would for example have covered leaflets, books, flyers etc.

No prosecution was ever brought under this legislation, but it became a dark shadow over the educational sector, so long as it had its life. A number of gay groups in schools and colleges were closed in case they were deemed to be seen to be promoting homosexuality.

On 7 February 2000, the Labour Government tried to repeal Section 28, but this was defeated in the House of Lords, led by Baroness Young. However the Scottish version of the clause was repealed in Scotland on 21t June 2000 by the Scottish Parliament.

On 24 July 2000, legislation to repeal Section 28 was again introduced and passed in the House of Commons but again was knocked back by the Lords. The House of Lords finally allowed the repeal of Section 28 which received Royal Assent on 18 September 2003 becoming effective on 18 November 2003.