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The Guardian - UK
The Guardian - UK
World
Letters

Section 28 anti-gay law was not devised in the Department of Education

At a hustings in 2008 Boris Johnson, then the Conservative party’s London mayoral candidate, holds a poster for a campaign by Stonewall, which had its origins in the campaign against the section 28 law passed by his party 20 years earlier.
At a hustings in 2008 Boris Johnson, then the Conservative party’s London mayoral candidate, holds a poster for a campaign by Stonewall, which had its origins in the campaign against the section 28 law passed by his party 20 years earlier. Photograph: Elliot Franks/PA

In the interview with Ruth Hunt, chief executive of Stonewall (Start in schools to end LGBT bullying, says the new boss of Stonewall with a lot still to fight for, 1 June), you quote her as saying that the infamous section 28 outlawing the promotion of homosexuality was “devised” in the Department of Education. That isn’t strictly true, and in the interests of historical accuracy it is worth recounting the actual story.

Section 28 ended up as part of the Local Government Act 1988 and laid the prohibition on local authorities. As such, it was the responsibility of the Department of the Environment. Its origin, however, was in a private member’s bill introduced into the House of Lords in 1986 by the Earl of Halsbury, a person with strong anti-gay views.

I have it on the authority of a civil servant involved at the time that the department briefed its ministers that the measure was fairly idiotic and probably unworkable, and accordingly Lord Halsbury’s bill was opposed by the government.

However, this briefing was never passed on to Number 10, and when the dedicated – not to say fanatical – anti-gay MP Dame Jill Knight, at prime minister’s questions on 14 May 1987, invited Mrs Thatcher to support the reintroduction of the measure in the Commons, she followed her own prejudices rather than official briefing and enthusiastically agreed. Thus it became government policy almost by mischance, and ended up as an amendment to the official Local Government Act.

The real villains of the piece therefore are Jill Knight and Margaret Thatcher, but it will be seen by future historians as one of history’s ironies that section 28 led to a rejuvenation of gay rights campaigning – and indeed the setting up of Stonewall itself – so I’m quite prepared to credit the terrible duo with that.
Nicholas Billingham
London

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