Sexual Offences Act 1967

Last updated

Sexual Offences Act 1967
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to amend the law of England and Wales relating to homosexual acts.
Citation 1967 c. 60
Introduced by Leo Abse (Commons)
Lord Arran (Lords)
Territorial extent  England & Wales
Dates
Royal assent 27 July 1967 (1967-07-27)
Other legislation
Amended by Sexual Offences Act 2003
Relates to
Status: Partially repealed
Text of statute as originally enacted
Revised text of statute as amended

The Sexual Offences Act 1967 (c. 60) is an act of Parliament in the United Kingdom. It legalised homosexual acts in England and Wales, on the condition that they were consensual, in private and between two men who had attained the age of 21. The law was extended to Scotland by the Criminal Justice (Scotland) Act 1980 and to Northern Ireland by the Homosexual Offences (Northern Ireland) Order 1982.

Contents

Background

Homosexual activity between men had been a criminal offence in England and Wales since the Middle Ages. Before the Reformation it was punished by ecclesiastical courts; the Buggery Act 1533 transferred the jurisdiction to the royal courts, with the penalties including death. [1] With many revisions, this legislation remained in force until the enactment of the Offences Against the Person Act 1828, or "Lord Lansdowne's Act", which retained capital punishment as a possible sentence for the crime. [2] The Victorian era saw the punishments shift to being more lenient but also more enforceable: the Offences Against the Person Act 1861 abolished the death penalty, while the Labouchere Amendment of 1885 criminalised all homosexual activity between men besides anal intercourse. There was never an explicit ban on homosexual activity between women. [3]

In the 1950s, there was an increase of prosecutions against homosexual men [4] and several well-known figures were convicted. The government set up a committee led by John Wolfenden to consider the laws on homosexuality. In 1957, the committee published the Wolfenden report, which recommended the decriminalisation of homosexual activity between men above the age of 21. The position was summarised by the committee as follows: "unless a deliberate attempt be made by society through the agency of the law to equate the sphere of crime with that of sin, there must remain a realm of private morality and immorality, which is, in brief and crude terms, not the law's business." However, the government of Harold Macmillan did not act upon its recommendations, due to fears of a public backlash. [5]

On 29 June 1960, the House of Commons, by a majority of 114 (99 Ayes to 213 Noes), voted against a motion endorsing the Wolfenden Committee's recommendations. [6]

Public debate began to change because of the actions of advocacy groups, as well as the effect of the 1961 Dirk Bogarde film Victim, which was the first major production to even mention the term "homosexual" and had as its main subject the prosecution of homosexuals in the UK, and how this encouraged blackmail. It made the topic accessible to a greater part of the public, and in its wake approval for a repeal of homosexual prohibition went above 50%.[ citation needed ]

Legislation and debate

After the 1964 United Kingdom general election, which narrowly elected a Labour government, members of both Houses of Parliament became increasingly sympathetic to changing the law. On 26 May 1965, Leo Abse introduced a Ten Minute Rule Bill to decriminalize consensual and private sex between men over the age of 21. The House of Commons voted down the proposal on first reading by 178 Noes to 159 Ayes. The small margin of only nineteen was seen as a significant change of opinion in the House of Commons. [7]

On 28 October 1965, the House of Lords passed by a vote of 96 to 31 a Bill implementing the Wolfenden Report's recommendations; the draft law, which had been introduced by Conservative Peer Lord Arran, was supported, among others, by Archbishop of Canterbury Michael Ramsey and many high-ranking members of the Church of England. [8] The Bill was subsequently introduced by Conservative MP Humphry Berkeley in the House of Commons, where it passed its second reading 164–107 on 11 February 1966. Berkeley had added a provision clarifying that the Bill would not extend to Scotland, convincing some socially conservative Scottish MPs not to vote against. [9] The Bill's consideration was interrupted by the dissolution of Parliament for the 1966 general election, which resulted, among other things, in Berkeley losing his seat; nonetheless, Labour's decisive victory increased the number of MPs who were likely to support decriminalising homosexuality. [5]

On 26 April 1966, Lord Arran introduced in the House of Lords the Sexual Offences Bill, which passed on 16 June 1966 by a vote of 78 to 60. [10] Immediately thereafter, Leo Abse, again under the Ten Minute Rule, introduced in the House of Commons the Sexual Offences (No. 2) Bill, a slightly modified version of Lord Arran's Bill. [11] [12] [13] [14] After the Bill was granted a first reading by a vote of 244 to 100, the Government (which is charge of parliamentary business on all days other than Friday) decided to allot additional parliamentary time to the Bill, since it had become clear there was a majority in favour of it.

The decriminalisation of homosexuality was one of multiple liberal social reforms to be passed under Wilson's 1966–1970 government and the wider move towards a "permissive society". [12] Other reforms of the era included the legalisation of abortion the same year, the relaxation of divorce laws and the abolition of theatre censorship and capital punishment. [15] These reforms arose due to several separate campaigns benefiting from growing public support and Labour's large majority, rather than from central government leadership. [15] Wilson himself had no enthusiasm for moral legislation, [note 1] but there were Labour frontbenchers who supported the bill, including Roy Jenkins, the Home Secretary. [16]

The Sexual Offences (No. 2) Bill ultimately passed in the House of Commons on 4 July [note 2] by a vote of 99 to 14 (a majority of 85) [17] and in the House of Lords on 13 July by a vote of 111 to 48 (a majority of 63). [18] [note 3] It received royal assent on 27 July, becoming the Sexual Offences Act 1967.

House of Commons

Sexual Offences (No. 2) Bill – Third Reading
4 July 1967 [17]
Note: absent Members are not listed
PartyAyesNoesPresent (Speaker)
Labour
84 (+1 Teller)
  • Abse, Leo
  • Albu, Austen;
  • Allaun, Frank (Salford, E.);
  • Allen, Scholefield;
  • Archer, Peter;
  • Atkinson, Norman (Tottenham);
  • Barnes, Michael;
  • Benn, Rt. Hn. Anthony Wedgwood;
  • Booth, Albert;
  • Cant, R. B.;
  • Brooks, Edwin;
  • Carmichael, Neil;
  • Chapman, Donald;
  • Crawahaw, Richard;
  • Crossman, Rt. Hn. Richard;
  • Dalyell, Tam;
  • Dell, Edmund;
  • Diamond, Rt. Hn. John;
  • Dunnett, Jack;
  • Ellis, John;
  • English, Michael;
  • Ensor, David;
  • Faulds, Andrew;
  • Fitch, Alan (Wigan);
  • Fletcher, Ted (Darlington);
  • Foot, Michael (Ebbw Vale);
  • Gardner, Tony;
  • Ginsburg, David;
  • Hale, Leslie (Oldham, W;
  • Hamling, William;
  • Haseldine, Norman;
  • Hobden, Dennis (Brighton, K'town);
  • Hooley, Frank;
  • Houghton, Rt. Hn. Douglas;
  • Howell, Denis (Small Heath);
  • Huckfield, L;
  • Hughes, Emrys (Ayrshire, S.);
  • Jackson, Colin (B'h'se & Spenb'gh);
  • Jackson, Peter M. (High Peak);
  • Jeger, Mrs.Lena (H'b'n&St. P'cras, S.);
  • Jenkins, Hugh (Putney);
  • Jenkins, Rt. Hn. Roy (Stechford);
  • Jones, Rt. Hn. Sir Elwyn (W. Ham, S.);
  • Judd, Frank;
  • Kerr, Mrs. Anne (R'ter & Chatham);
  • Kerr, Dr. David (W'worth, Central);
  • Kerr, Russell (Feltham);
  • Luard, Evan;
  • Lyon, Alexander (York);
  • MacDermot, Niall;
  • Macdonald, A. H.;
  • Mackintosh, John P.;
  • McNamara, J. Kevin;
  • Marquand, David;
  • Mendeleon, J. J.;
  • Mikardo, Ian;
  • Newens, Stan;
  • Noel-Baker, Francis (Swindon);
  • Orme, Stanley;
  • Owen, Dr. David (Plymouth, S'tn);
  • Pannell, Rt. Hn. Charles;
  • Parkyn, Brian (Bedford);
  • Pavitt, Laurence;
  • Reynolds, G. W.;
  • Robinson, W. O. J. (Walth'stow, E.);
  • Rowland, Christopher (Meriden);
  • Rowlands, E. (Cardiff, N.);
  • Ryan, John;
  • Sharples, Richard;
  • Shaw, Arnold (Ilford, S.);
  • Shore, Peter (Stepney);
  • Silkin, Rt. Hn. John (Deptford);
  • Silverman, Julius (Aston;
  • Skeffington, Arthur;
  • Stonehouse, John;
  • Strauss, Rt. Hn. G. R.;
  • Swingler, Stephen;
  • Taverne, Dick;
  • Whitaker, Ben;
  • White, Mrs. Eirene;
  • Williams, Alan Lee (Hornchurch);
  • Williams, Mrs. Shirley (Hitchin);
  • Wilson, William (Coventry, S.);
  • Yates, Victor;
  • Mr. Eric G. Varley (TELLER)
2
  • Mahon, Peter (Preston, S.);
  • Morgan, Elystan
Conservative
11 (+1 Teller)
  • Boyle, Rt. Hn. Sir Edward;
  • Channon, H. P. G.;
  • Fraser, Rt. Hn. Hugh (St'fford&Stone);
  • Hunt, John;
  • Kirk, Peter;
  • Longden, Gilbert;
  • Montgomery, Fergus;
  • Ridley, Hn. Nicholas;
  • Walters, Dennis;
  • Walker-Smith, Rt. Hn. Sir Derek;
  • Worsley, Marcus;
  • Mr. Ian Gilmour (TELLER)
12 (+2 Tellers)
  • Cordle, John;
  • Drayson, G. B.;
  • Farr, John;
  • Giles, Rear-Adm. Morgan;
  • Goodhew, Victor;
  • Legge-Bourke, Sir Harry;
  • Hamilton, Michael (Salisbury);
  • Mawby, Ray;
  • Page, Graham (Crosby);
  • Percival, Ian;
  • Sinclair, Sir George;
  • Taylor, Edward M.(G'gow, Cathcart);
  • Sir Charles Taylor (TELLER);
  • Mr. James Allason (TELLER)
Liberal
4
  • Lubbock, Eric;
  • Pardoe, John;
  • Steel, David (Roxburgh);
  • Thorpe, Rt. Hn. Jeremy
Non-partisan
1
  • Rt. Hn. Horace King
Total99 (+2 Tellers)14 (+2 Tellers)1


House of Lords

Sexual Offences (No. 2) Bill – Second Reading
13 July 1967 [18]
Note: absent Members are not listed
PartyContentsNot Contents
Crossbench/
Party affiliation unknown
54
  • Addison, V.;
  • Ailwyn, L.;
  • Amherst, E.;
  • Annan, L.;
  • Archibald, L.;
  • Asquith of Yarnbury, Bs.;
  • Bedford, D. [Teller.];
  • Boston, L.;
  • Caccia, L.;
  • Chelmsford, V.;
  • Colgrain, L.;
  • Cork and Orrery, E.;
  • Cranbrook, E.;
  • Darwen, L.;
  • Drogheda, E.;
  • Dudley, L.;
  • Effingham, E.;
  • Faringdon, L.;
  • Fleck, L.;
  • Francis-Williams, L.;
  • Geddes, L.;
  • Glasgow, E.;
  • Harvey of Tasburgh, L.;
  • Hayter, L.;
  • Hertford, M.;
  • Killearn, L.;
  • Kinross, L.;
  • Latham, L.;
  • Lindsey, and Abingdon, E.;
  • Llewelyn-Davies, L.;
  • Lloyd of Hampstead, L.;
  • Monson, L.;
  • Morris of Kenwood, L.;
  • Mountevans, L.;
  • Mowbray and Stourton, L.;
  • Norwich, V.;
  • Parker of Waddington, L.;
  • Platt, L.;
  • Plummer, Bs.;
  • Rathcreedan, L.;
  • Ritchie of Dundee, L.;
  • Sainsbury, L.;
  • St. Davids, V.;
  • St. Just, L.;
  • Sempill, L.;
  • Sherfield, L.;
  • Stocks, Bs.;
  • Strang, L;
  • Strange of Knokin, Bs.;
  • Teynham, L.;
  • Thurlow, L.;
  • Wedgwood, L.;
  • Wellington, D.;
  • Wootton of Abinger, Bs.
24
  • Allerton, L.;
  • Ampthill, L.;
  • Balerno, L.
  • Craigavon, V.;
  • Cullen of Ashbourne, L.;
  • Daventry, V.;
  • Fortescue, E.;
  • Grenfell, L.;
  • Hankey, L.;
  • Iddesleigh, E.;
  • Kilmarnock, L.;
  • Kirkwood, L.;
  • Latymer, L.;
  • Limerick, E.;
  • MacAndrew, L.;
  • MacLeod of Fuinary, L.;
  • Merrivale, L.;
  • Merrivale, L.;
  • Milverton, L.;
  • Morton of Henryton, L.;
  • Oakshott, L.;
  • Popplewell, L.;
  • Rowallan, L.;
  • Shannon, E.
Labour
28
  • Beswick, L.;
  • Bowles, L.;
  • Brockway, L.;
  • Burden, L.;
  • Chorley, L.;
  • Collison, L.;
  • Cooper of Stockton Heath, L.;
  • Donovan, L.;
  • Gaitskell, Bs.;
  • Gardiner, L. (L. Chancellor.);
  • Gifford, L.;
  • Kennet, L.;
  • Leatherland, L.;
  • Longford, E. (L. Privy Seal.);
  • Mitchison, L.;
  • Ponsonby of Shulbrede, L.;
  • Burton of Coventry, Bs.;
  • Royle, L.;
  • Segal, L.;
  • Serota, Bs.;
  • Shackleton, L.;
  • Soper, L.;
  • Sorensen, L.;
  • Stonham, L.;
  • Stow Hill, L.;
  • Strabolgi, L.;
  • Walston, L.;
  • Winterbottom, L.;
9
  • Blyton, L.;
  • Buckinghamshire, E.;
  • Crook, L.;
  • Hall, V.;
  • Hilton of Upton, L.;
  • Lindgren, L.;
  • Peddie, L.;
  • Rowley, L.;
  • Shepherd, L.;
Conservative
15
  • Amory, V.;
  • Arran, E. [Teller.];
  • Blackford, L.;
  • Denham, L.;
  • Elliot of Harwood, Bs.;
  • Emmet of Amberley, Bs.;
  • Ferrers, E.;
  • Hacking, L.;
  • Boothby, L.;
  • Jellicoe, E.;
  • Kinnoull, E.;
  • Listowel, E.;
  • McCorquodale of Newton, L.;
  • Sandford, L.;
  • Ward of Witley, V.;
13
  • Aldington, L.;
  • Buckinghamshire, E.;
  • Dilhorne, V. [Teller.];
  • Ferrier, L.;
  • Grimston of Westbury, L.;
  • Horsbrugh, Bs.;
  • Ilford, L.;
  • Lucas of Chilworth, L.;
  • Massereene and Ferrard, V.;
  • Monsell, V.;
  • St. Aldwyn, E.;
  • Salisbury, M. [Teller.];
  • Stuart of Findhorn, V.
Liberal
8
  • Airedale, L.;
  • Amulree, L.
  • Barrington, V.;
  • Byers, L.;
  • Grantchester, L.;
  • Henley, L.;
  • Ogmore, L.;
  • Rea, L.;
  • Wells-Pestell, L.
Bishops
3
  • Canterbury, Abp.;
  • London, Bp.;
  • Southwark, Bp.
Scottish Conservatives
2
  • Kilmany, L.;
  • Strathclyde, L.
National Liberal
1
  • Drumalbyn, L.
Ind. Unionist
1
  • Jessel, L.
Total11148

The proposal legalised acts that met the conditions of being between two consenting adults in private. [3] It did not apply to the Merchant Navy or the Armed Forces, nor to Scotland and Northern Ireland. In 1980, David Steel MP stated "I remember a conversation with the then sponsor of the Bill in 1965, Mr. Humphry Berkeley, in which I asked him why he proposed to cover only England and Wales. He was open about it. He said that the Bill was discussed on a Friday and that if he included Scotland in it most of the Scottish Members would stay to vote against it. Probably that was wise and sound judgment on his part". [20] As with the Wolfenden report's proposal, the bill set the age of consent for homosexual activity to 21, five years higher than for heterosexual activity. It did not delete the offences of buggery and gross indecency. Men could still be prosecuted for these offences if their actions did not meet the strict requirements of the bill. [3] For the first time, however, the maximum penalties were differentiated, depending upon why the relevant sexual act was still illegal: whether there was a lack of consent, the age requirement was not satisfied, or the act was not in private. [21]

Attitudes towards decriminalisation

LGBT+ rights campaigner Peter Tatchell Peter Tatchell - Red Wall - 8by10 - 2016-10-15.jpg
LGBT+ rights campaigner Peter Tatchell

According to gay activist Peter Tatchell, dissent against the bill could be summed up by the Earl of Dudley's 16 June 1966 statement that "[homosexuals] are the most disgusting people in the world ... Prison is much too good a place for them; in fact, that is a place where many of them like to go—for obvious reasons." [22] [23] Even proponents of the bill did not condone homosexuality, but instead argued that it was not within the responsibility of the criminal law to penalise homosexual men, who were already the object of ridicule and derision. Roy Jenkins captured the government's attitude: "those who suffer from this disability carry a great weight of shame all their lives" (quoted during parliamentary debate by The Times on 4 July 1967). After its passage, Lord Arran said, "I ask those [homosexuals] to show their thanks by comporting themselves quietly and with dignity ... any form of ostentatious behaviour now or in the future or any form of public flaunting would be utterly distasteful ... [And] make the sponsors of this bill regret that they had done what they had done". [24]

Political parties

The Bill which would ultimately become the Sexual Offences Act 1967 had twelve sponsors, of which six belonged to the Labour Party (Leo Abse, Michael Foot, John Horner, Charles Pannell, George Strauss, Eric Varley), five to the Conservative Party (Hugh Fraser, Ian Gilmour, Peter Rawlinson, Norman St. John-Stevas and Richard Wood) and one to the Liberal Party (Jo Grimond).

On all of the Bill's stages, most of the votes in favour of it came from Labour and Liberal MPs, while most votes against it came from Conservative MPs; nonetheless, support for the Bill cut through party ranks, with prominent Conservatives Margaret Thatcher and Enoch Powell supporting the Bill during its first two readings. The coalition in favour of the bill was later described as "a combination of Gaitskellites and future Thatcherites". [5]

Opinion polling

In 1965, an opinion poll commissioned by the Daily Mail found that 63% of respondents did not believe that homosexuality should be a crime while only 36% agreed it should, although 93% agreed that homosexual men were "in need of medical or psychiatric treatment". [25]

Legacy

In BBC History , Florence Sutcliffe-Braithwaite wrote "This was a hugely important moment in the history of homosexuality in Britain – but it wasn't a moment of sudden liberation for gay men – and nor was it intended to be." [3] One particularly important consequence was the increased freedom of assembly for gay rights groups, leading to an increase in gay rights activism in the 1970s. [3] Conversely, there was a clampdown on the homosexual activities that were not protected by the law. In the decade after its passage, prosecutions for gross indecency involving males tripled. [3] [26] [27]

No subsequent reconsideration of the issue of male homosexuality in statutory law took place in England and Wales until the late 1970s. In 1979, the Home Office Policy Advisory Committee's Working Party report Age of Consent in relation to Sexual Offences recommended that the age of consent for homosexual acts should be 18. This was rejected at the time, in part due to fears that further decriminalisation would serve only to encourage younger men to experiment sexually with other men, a choice that some at the time claimed would place such an individual outside of wider society.

The law was extended to Scotland in the Criminal Justice (Scotland) Act 1980, which took effect on 1 February 1981. [28] As a result of the 1981 European Court of Human Rights case Dudgeon v. United Kingdom , the law was extended to Northern Ireland in the Homosexual Offences (Northern Ireland) Order 1982.

In 2020, a Freedom of Information request by journalists at The Mail on Sunday found that the Royal Mint Advisory Committee had rejected plans to issue a commemorative coin to mark the 50th anniversary of the passing of the act in 2015, concluding that it would not be "commercially viable" due to a perceived "lack of appeal" for the coin amongst collectors. [29]

Amendments

Surviving section

The only operative section of the Act still in effect is section 6, which states that premises are to be treated for purposes of sections 33 to 35 of the Sexual Offences Act 1956 as a brothel "if people resort to it for the purpose of lewd homosexual practices in circumstances in which resort thereto for lewd heterosexual practices would have led to its being treated as a brothel for the purposes of those sections".

See also

Notes

  1. Wilson's 790-page "The Labour Government 1964–70: a Personal Record" contains no index entry for abortion, or for David Steel who sponsored abortion law reform, no index entry for homosexuality or for Leo Abse who sponsored reform in this area, no entry for divorce, or for censorship. The exception to this pattern is the abolition of capital punishment, which Wilson had consistently supported, and which is discussed at some length in his book.
  2. Debate on the Bill had begun in 3 July, but went on past midnight.
  3. The vote and date mentioned make reference to the second reading of the Bill. Its third reading, which actually took place on 21 July, was purely pro forma, with opponents not taking part in the vote since they knew they lacked the numbers necessary to make the measure fail. [19]

Related Research Articles

<span class="mw-page-title-main">Wolfenden report</span> Departmental committee report (1957)

The Report of the Departmental Committee on Homosexual Offences and Prostitution was published in the United Kingdom on 4 September 1957 after a succession of well-known men, including Lord Montagu of Beaulieu, Michael Pitt-Rivers, John Gielgud, and Peter Wildeblood were convicted of homosexual offences.

<span class="mw-page-title-main">Sexual Offences (Amendment) Act 2000</span> United Kingdom legislation

The Sexual Offences (Amendment) Act 2000 (c.44) is an Act of the Parliament of the United Kingdom. It set the age of consent for male homosexual sexual activities and for heterosexual anal sex at 16, which had long been the age of consent for all other types of sexual activities, such as vaginal sex or lesbian sex. As such, it made the age of consent for all types of sexual acts equal, without discrimimating on the basis of the type of act or of the sexes of those involved in the act. It also introduced the new offence of 'having sexual intercourse or engaging in any other sexual activity with a person under 18 if in a position of trust in relation to that person'.

Sir Nicholas Hardwick Fairbairn, was a Scottish politician and advocate. He was the Conservative Member of Parliament (MP) for Kinross and Western Perthshire from October 1974 to 1983, and then for Perth and Kinross until his death in 1995. He was Solicitor General for Scotland from 1979 to 1982.

The Homosexual Law Reform Society was an organisation that campaigned in the United Kingdom for changes to the set of laws which criminalised homosexuality at the time.

<span class="mw-page-title-main">Leo Abse</span> Welsh lawyer and politician (1917–2008)

Leopold Abse was a British lawyer and politician. He was a British Labour MP for nearly 30 years, noted for promoting private member's bills to decriminalise male homosexual relations and liberalise the divorce laws. During his parliamentary career, Abse introduced more private member's bills than any other parliamentarian in the 20th century. After his retirement from Parliament he wrote several books about politics, based on his interest in psychoanalysis.

<span class="mw-page-title-main">Criminal Law Amendment Act 1885</span> United Kingdom legislation

The Criminal Law Amendment Act 1885, or "An Act to make further provision for the Protection of Women and Girls, the suppression of brothels, and other purposes," was an Act of the Parliament of the United Kingdom, the latest in a 25-year series of legislation in the United Kingdom of Great Britain and Ireland beginning with the Offences against the Person Act 1861. It raised the age of consent from 13 years of age to 16 years of age and delineated the penalties for sexual offences against women and minors. It also strengthened existing legislation against prostitution and homosexuality. This act was also notable for the circumstances of its passage in Parliament.

Andrew Paton Welsh was a Scottish politician. He was the Scottish National Party Member of Parliament (MP) for South Angus from October 1974 to 1979, East Angus from 1987 to 1997, and Angus from 1997 to 2001. He was the Member of the Scottish Parliament (MSP) for the constituency of Angus from 1999 to 2011.

<span class="mw-page-title-main">LGBT rights in the United Kingdom</span>

The rights of lesbian, gay, bisexual, and transgender (LGBTQ) people in the United Kingdom of Great Britain and Northern Ireland have developed significantly over time. Today, lesbian, gay and bisexual rights are considered to be advanced by international standards.

<span class="mw-page-title-main">Criminal Justice and Public Order Act 1994</span> United Kingdom legislation

The Criminal Justice and Public Order Act 1994 is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the law, most notably in the restriction and reduction of existing rights, clamping down on unlicensed rave parties, and greater penalties for certain "anti-social" behaviours. The Bill was introduced by Michael Howard, Home Secretary of Prime Minister John Major's Conservative government, and attracted widespread opposition.

Sutherland v United Kingdom originated as a complaint by Mr Euan Sutherland to the European Commission of Human Rights that the fixing of the minimum age for lawful homosexual activities at 18 rather than 16, as for heterosexual activities, violated his right to respect for private life under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The complaint was first filed on 8 June 1994 and ultimately led to the equalisation of the age of consent for homosexual and heterosexual acts.

<span class="mw-page-title-main">Homosexual Law Reform Act 1986</span> 1986 New Zealand law decriminalising consensual gay sex

The Homosexual Law Reform Act 1986 is a New Zealand Act of Parliament that broadly legalised consensual sexual practices between men as well as consensual anal sex regardless of partners' gender. It removed the provisions of the Crimes Act 1961 that criminalised this behaviour. The legislation established a uniform age of consent, setting it at 16 for both same-sex and opposite-sex partners.

Section 11 of the Criminal Law Amendment Act 1885, commonly known as the Labouchere Amendment, made "gross indecency" a crime in the United Kingdom. In practice, the law was used broadly to prosecute male homosexuals where actual sodomy could not be proven. The penalty of life imprisonment for sodomy was also so harsh that successful prosecutions were rare. The new law was much more enforceable. Section 11 was repealed and re-enacted by section 13 of the Sexual Offences Act 1956, which in turn was repealed by the Sexual Offences Act 1967, which partially decriminalised male homosexual behaviour.

<span class="mw-page-title-main">Elystan Morgan</span> British politician (1932–2021)

Dafydd Elystan Elystan-Morgan, Baron Elystan-Morgan, known as Elystan Morgan, was a Welsh politician. He sat as a crossbencher in the House of Lords from 1981 to 2020, and served as a Labour MP from 1966 to 1974.

<span class="mw-page-title-main">LGBT rights in the Isle of Man</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in the British Crown dependency of the Isle of Man have evolved substantially since the early 2000s. Private and consensual acts of male homosexuality on the island were decriminalised in 1992. LGBTQ rights have been extended and recognised in law since then, such as an equal age of consent (2006), employment protection from discrimination (2006), gender identity recognition (2009), the right to enter into a civil partnership (2011), the right to adopt children (2011) and the right to enter into a civil marriage (2016).

Arthur Kattendyke Strange David Archibald Gore, 8th Earl of Arran, styled Lord Arran, was a British columnist and politician who served as the Conservative whip in the House of Lords. He is known for leading the effort in the House of Lords to decriminalise male homosexuality in 1967, following the suicide of his gay brother.

<span class="mw-page-title-main">Criminal Justice (Scotland) Act 1980</span> United Kingdom legislation

The Criminal Justice (Scotland) Act 1980 is an act of Parliament in the United Kingdom. Most of the act's provisions were merely a consolidation of already existing legislation, and as such subject to little controversy, with the notable exception was section 80, which partially decriminalised private homosexual acts between consenting adults in Scotland.

<span class="mw-page-title-main">Homosexual Offences (Northern Ireland) Order 1982</span> United Kingdom legislation

The Homosexual Offences Order 1982, No. 1536, is an Order in Council which decriminalized homosexual acts between consenting adults in Northern Ireland. The Order was adopted as a result of a European Court of Human Rights case, Dudgeon v. United Kingdom (1981), which ruled that Northern Ireland's criminalisation of homosexual acts between consenting adults was a violation of Article 8 of the European Convention on Human Rights.

<span class="mw-page-title-main">Section 28</span> Former British anti-homosexuality law

Section 28 or Clause 28 was a legislative designation for a series of laws across Britain that prohibited the "promotion of homosexuality" by local authorities. Introduced by Margaret Thatcher's Conservative government, it was in effect from 1988 to 2000 in Scotland and from 1988 to 2003 in England and Wales. It caused many organisations such as lesbian, gay, bisexual and transgender student support groups to close, limit their activities or self-censor.

<span class="mw-page-title-main">Sodomy law</span> Laws criminalising certain sexual acts

A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood and defined by many courts and jurisdictions to include any or all forms of sexual acts that are illegal, illicit, unlawful, unnatural and immoral. Sodomy typically includes anal sex, oral sex, manual sex, and bestiality. In practice, sodomy laws have rarely been enforced to target against sexual activities between individuals of the opposite sex, and have mostly been used to target against sexual activities between individuals of the same sex.

This is a timeline of notable events in the history of the lesbian, gay, bisexual and transgender (LGBT) community in the United Kingdom. There is evidence that LGBT activity in the United Kingdom existed as far back as the days of Celtic Britain.

References

  1. John Raithby, ed. The Statutes at Large, of England and Great Britain. Laws, etc. Vol. 3. (London: Eyre and Strahan, 1811), p. 145
  2. "Lord Lansdowne's Act", The Law Magazine, Vol. 1 (1830), Article XIII, p. 129
  3. 1 2 3 4 5 6 "The 1967 Sexual Offences Act: a landmark moment in the history of British homosexuality". BBC History magazine. 14 July 2018. Retrieved 23 April 2020.
  4. Higgins, Patrick (1996). Heterosexual Dictatorship: Male Homosexuality in Postwar Britain. London: Fourth Estate. ISBN   978-1-85702-355-8.
  5. 1 2 3 "There's nowt so queer as folk". The Daily Telegraph. 21 December 1996. Archived from the original on 25 January 2016. Retrieved 3 January 2020.
  6. Paul Johnson, Robert Vanderbeck, Law, Religion and Homosexuality (2014), p. 47
  7. Stephen M. Engel, The Unfinished Revolution: Social Movement Theory and the Gay and Lesbian Movement (Cambridge University Press, 2001), p. 76
  8. "Sexual Offences Bill Hl (1965)". Parliamentary Debates (Hansard) . House of Lords. 28 October 1965. col. 729. Retrieved 26 June 2023.
  9. "Sexual Offences Bill (1966)". Parliamentary Debates (Hansard) . House of Commons. 11 February 1966. col. 872. Retrieved 29 April 2020.
  10. "Sexual Offences Bill". Parliamentary Debates (Hansard) . 26 April 1966. Archived from the original on 20 June 2023. Retrieved 22 June 2023.
  11. Wilkinson, Alan. "Ramsey, (Arthur) Michael, Baron Ramsey of Canterbury (1904–1988)". Oxford Dictionary of National Biography (online ed.). Oxford University Press. doi:10.1093/ref:odnb/40002.(Subscription or UK public library membership required.)
  12. 1 2 Laura Monica Ramsay (January 2018). "The Church of England, Homosexual Law Reform, and the Shaping of the Permissive Society, 1957–1979". Journal of British Studies. 57 (1): 108–137. doi: 10.1017/jbr.2017.180 .
  13. "Sexual Offences No 2 (1966)". Parliamentary Debates (Hansard) . House of Commons. 5 July 1966. Retrieved 21 June 2023.
  14. Patricia Brent and Leo Abse (20 December 1966). "Why should homosexuality be decriminalised?". BBC Archives. Archived from the original on 18 August 2011.
  15. 1 2 Thorpe, Andrew (2001). A History Of The British Labour Party. Palgrave. ISBN   978-0-333-92908-7.
  16. Campbell, Roy Jenkins: A Well-Rounded Life, p. 297.
  17. 1 2 "Clause 8 Restrictions on Prosecution (1967)". Parliamentary Debates (Hansard) . House of Commons. 3 July 1967. col. 1525. Retrieved 19 June 2023.
  18. 1 2 "Sexual Offences No 2 Bill (1967)". Parliamentary Debates (Hansard) . House of Lords. 13 July 1967. col. 1323. Retrieved 19 June 2023.
  19. "Sexual Offences No 2 Bill (1967)". Parliamentary Debates (Hansard) . House of Lords. 21 July 1967. Retrieved 19 June 2023.
  20. David Steel (22 July 1980). "Homosexual Offences". Parliamentary Debates (Hansard) . United Kingdom: House of Commons. col. 290.
  21. "Sexual Offences Act 1967". legislation.gov.uk.
  22. Bedell, Geraldine (24 June 2007). "Coming out of the dark ages". The Guardian. Retrieved 27 January 2018.
  23. "Sexual Offences Bill Hl (1966)". Parliamentary Debates (Hansard) . House of Lords. 16 June 1966. Retrieved 27 January 2018.
  24. Quoted during Royal Assent of the bill by The Times newspaper on 28 July 1967.
  25. "The passing of the 1967 Sexual Offences Act". The National Archives. 24 July 2017. Retrieved 3 June 2021.
  26. Tatchell, Peter (1992). Europe in The Pink.
  27. Higgins, Patrick (1996). Heterosexual Dictatorship.
  28. "Criminal Justice (Scotland) Act 1980". Parliamentary Debates (Hansard) . Written Answers. 17 December 1980. Retrieved 4 September 2017.
  29. "Royal Mint rejected coin commemorating decriminalisation of homosexuality due to 'lack of appeal'". Attitude . 3 August 2020. Archived from the original on 20 January 2021. Retrieved 6 August 2020.
  30. "1995: First man jailed for male rape". BBC News. 9 June 1995.
  31. "A.D.T. v. United Kingdom (Application no. 35765/97)". European Court of Human Rights . 31 July 2000. Retrieved 18 November 2016.
  32. "Sexual Offences Act 2003: Section 71", legislation.gov.uk , The National Archives, 2003 c. 42 (s. 71)

Sources