The Lesbian & Gay Foundation » Opinion: Still free to incite homophobia?

Opinion: Still free to incite homophobia?

13 Jul 2009

Andrew Gilliver: In May 2008, the Criminal Justice and Immigration Act created an offence of incitement to hatred on the grounds of sexual orientation.

By Andrew Gilliver

The House of Commons has already voted to remove an amendment to the bill that permits the "discussion or criticism" of sexual practices, including the use of threatening language to urge someone to change their sexual orientation.

However on 8th July the House of Lords voted to keep the amendment which would allow the defence of "free speech" to criminalize incitement of homophobic hatred.

The Criminal Justice and Immigration Act will return to The House of Commons for a further vote later this year.

Read more on the debate here:
http://www.independent.co.uk/news/uk/politics/free-speech-defeats-incitement-laws-1739550.html

Biggins & Blackadder BEWARE!

Lord Waddington, the Conservative Home Secretary under Margaret Thatcher tabled the amendment saying that urging someone to change their sexuality or criticising homophobia should not count "of itself" as threatening or as intended to stir up hatred.

Biggins bears all to Daily MailMike Judge, Head of Communications at The Christian Institute welcomed the Lords' decision: 'Too many Christians have already been intimidated by over-zealous police action because they gave voice to their views on sexual ethics. Surely the world is big enough to allow all sides to express their beliefs about sexual behaviour without fearing a knock on the door from the police'.

The Ministry of Justice has labelled the current defeat 'disappointing', and will seek to overturn the decision. Justice minister Maria Eagle, sister of Britain's first out lesbian minister Angela Eagle described it as "undesirable and unnecessary; it does not add anything to the law as it would stand without its inclusion."

However actors Rowan Atkinson and Christopher Biggins have argued that the clause relating to hatred in the Coroners and Justice Bill could limit freedom of expression and could lead to comedians in particular being prosecuted.

See Biggins interpretation in - would you believe it - The Daily Mail:
http://www.dailymail.co.uk/debate/article-1164043/CHRISTOPHER-BIGGINS-Will-lock-playing-Widow-Twankey.html

The Homosexual Lifestyle

Perhaps some people need to examine what constitutes hate speech and how it differs from comments which show that a person may just have a lack of understanding of lesbian,gay,bisexual and transgender people - who we are, what we do and why we are no threat to them or the future of the world.

Switching your gay offI am offended by those people who seek to refer to their bible to justify their intolerance for and ignorance of lesbian and gay people. They wouldn't say they were using hate-speech of course but many of us have to listen to their offensive views about homosexuality relentlessly.

Some people think that the solution to people who share their arguably prejudiced views is to argue back in an attempt to enlighten them and I think this is fair comment if you are in a position to be able to do so - but not everyone is.

The most unfathomable thing for me is that whenever I am asked to do a media interview I am often put opposite very articulate, intelligent people who keep fuelling their own insecurities, fears and/or prejudices by ancient interpretations of the bible . They just don't get that it is offensive to criticise someone's 'lifestyle' and I apologise for using that word, but it is often what people say when they are obsessing about what same sex couples do in their private lives which of course is nothing whatsoever to do with anyone else.

They just don't get that some of us are 'born this way.'
http://www.createdgay.com/lifestyle.html

Phelps Philosophy

To be honest if you let some people talk for long enough (or give them enough rope) they will do the job of winning over any audience for you.

Phelps Family on Jeremy KyleOne of the less challenging times I had on this issue was a few years ago when I was asked to go on The Jeremy Kyle Show (I've no shame) in response to Shirley Phelps Roper and her two lovely daughters views that all of us are going to hell because we fail to adhere to their particular interpretation of the bible. Fortunately the women weren't in the studio in person so there was no need for security, but because they were spouting such hatred and garbage the whole audience and even Mr Kyle himself gave me an easy time.

That day I was the one who was to be protected from their hate.

(I'm hoping to have the entire Jeremy Kyle show up here in the next few days so keep coming back as you don't want to miss it! - Marc, Online Editor)

Now, the Phelps family have been banned from this country and I think that is probably a good idea -we really shouldn't feed their publicity machine but at least they are forthright about their views and you can see the hatred they have for gay people quite clearly.

Where it gets more difficult is when someone says that they don't hate you but they hate your 'sins'. Of course they make a judgement about what our sins are before even getting to know any one of us.

It ain't necessarily so! - Things to remember when 'they' quote the Bible at us.
http://www.mccmanchester.co.uk/bible_as_weapon.htm

I am offended by those people who seek to refer to their bible to justify their intolerance for and ignorance of lesbian and gay people. They wouldn't say they were using hate-speech of course but many of us have to listen to their offensive views about homosexuality relentlessly.
Andrew Gilliver

Some people who have an objection to homosexuality and homosexuals say that they fear they won't be allowed to discuss or criticise gay people but of course this is not true. I'm happy to have a debate and goodness knows I'm used to being criticised (especially at home) but I am not happy to be judged by someone who has spent no time at all trying to understand my point of view.

Banning gay hate speech would protect us from threatening behaviour - it is very much needed as we have seen a distinct lack of appropriate prosecutions for homophobic hate crimes in recent months.

Of course any law should be applied in a responsible way so that someone expressing concerns about homosexuality i.e.: they are just uncomfortable with it, not having met any 'normal' homosexuals, should not fear that they will end up in the slammer. Common sense is needed on this one surely?

And Messrs Atkinson and Biggins really do surprise me. If a comedian cannot be funny without telling a homophobic joke, then they should get another job.

"Just a Joke?"

The argument about jokes may be a red herring, camp humour is not going to disappear, and who would want it too anyway? It is part of our heritage and often one of the few ways of expressing identity for many of us. If we couldn't be camp some of us would spontaneously combust into a puff of pink smoke - (I most definitely would be a goner!)

Lisa discovers boys, Stepanie doesn't...Surely no-one objects to a joke made with good intent, but it is true to say that some comedians give the impression that they just don't like people who are gay. I'm sure we are alert enough to know when someone is laughing with us rather than at us. People still don't accept that their lame jokes are homophobic and that homophobia is just the same as racism - if we need legal protection to help show them the way than so be it.

Of course I wouldn't want anyone to go to jail just for impersonating someone camp, but there is a definite line between laughing with and laughing at someone which is why in recent months public figures like Chris Moyles and Jonathan Ross have been reprimanded -and rightly so. I do not believe that either are homophobic but they certainly have not thought enough about the comments they make publicly in order to get a cheap laugh.

If we have respect for another person's point of view -however ill informed we may think they are, we should feel free to express our thoughts openly, but that doesn't mean we can just say what we want without any fear of the consequences.

Moyles mishap:
http://www.pinknews.co.uk/news/articles/2005-12951.html

Ross Mortified:
http://www.guardian.co.uk/media/2009/jul/06/jonathan-ross-cleared-hannah-montana

'Gay is the New Black'

So where should free speech end? Homophobia has got to be taken as seriously as racism. The House of Commons has already passed this amendment with a healthy majority although, to their shame, some MP's voted against it. As the Bill now goes back to the Commons, we can only hope that common sense and decency will win out.

Gay is the new blackHowever much we might dislike such criticism, we should not object too much to harmless comment but the fact remains that racism and homophobia MUST be treated in the same way.

Telling someone to change their sexuality is like asking someone to change their skin colour; it is offensive, and incredibility harmful. Often people say that you can't change your skin colour but how many people of colour do you know who have tried to bleach their skin or scrub at their flesh with a hard brush as a child after being called racist names and made to feel that they are dirty for not being white? I know too many people who have experienced this and it still happens.

Some religious groups have even set up programmes where they actively try to change someone's sexuality. The whole idea of conversion therapy has been condemned by many including the national council of psychiatry.

The mere idea that gay people should be asked to "reconsider" their sexuality is offensive and should be challenged. Telling a gay person they should turn straight shows a lack of humanity to say the least.

Free speech or not, homophobia is by definition a fear of gay people and expressing or inciting hatred because of it in a public forum should be a criminal offence.

http://www.bps.org.uk/media-centre/press-releases/releases$/division-of-occupational-psychology/prejudice-study-finds-gay-is-the-new-black.cfm

Fear of Shellfish

Hiding behind religion however strong your personal views are, does make me question why a person decides what they want to believe in. If you want to interpret the Bible literally, then why is it OK to pick and choose?

Gay superhero or shellfish?Do we still believe in slavery? Are we against interracial marriage? Should we kill those who disrespect their parents? Should we eat Shellfish?

http://www.godhatesshrimp.com/

Of course you can criticise sex before marriage, abortion, promiscuity etc but I don't believe you can criticise with any integrity or authority who we are as people - we are what we were meant to be. If you are unhappy about that then you are unhappy with whoever created us.

Even if a loophole in the law allows others to treat gay people as misguided, mistaken or sinful because we don't have the same rights and protections as everyone else, how could any person, of any faith, believe that any god would want to hurt his children by telling them they are wrong for feeling the way they do - the way that he (or she) created them?

How very dare you!

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  • WE ,..are going to have, either,..FREE speach,..or we are going to have CONTROLLED speach,..FREE speach, is just that,..in that one might say WHATEVER, one wishes,..on any topic,..but CONTROLLED, is something else again,.. in that once we accept the notion of "CONTROLLED", speach,..we must accept the notion that we need to give, the power to control our speach, to a "speach" CZAR,..& so the perameters, of what may,..or may not said,..will depend upon the "WHIMS",..& of the speach czar,..All things considered,..it being that one person's idea of HATE speach, could be another person's idea of FREE, speach,..I would vote for "FREE" speach every time,..After all, it has been, wizely said, that,..."Sticks and stones, can break our bones,..but WORDS can never hurt us,..."

    Posted by Nordicelt, 13/07/2009 8:15pm (1 year ago)