WARNING: This is a big one - so stand well back and titter ye not.
The UK government is implementing regulations on equality in provision of goods and services - in relation to discrimination on grounds of sexual orientation. Of course, being gay, I have a vested interest - so yes, I’ll have anything going that puts my rights (OK, and responsibilities) on an equal footing with my neighbour please.
Now I know that really I want for nothing - I’m comparitively rich, comfortable, have access to health care etc. And, anyway, haven’t I had quite enough equality to keep me happy for years now I’m in a Civil Partnership? Well, sorry, no: if we in the UK call ourselves civilised and a democracy; if we are a country planning to develop, not regress, then we should continually be addressing anomolies in our laws and in our individual and group behaviour.
200 years ago hardly any of us - women included - would have understood any fuss about women voting. The UK suffrage movement properly started after 1832 (the Reform Act 1832 expressly excluded women from voting and suffragette activism was an unexpected side-effect) and it took 96 years to resolve that one to a point of equality with men.
It takes a long time, hard work and, too often, painful sacrifice to change society - even to understand what change is necessary. And to make sure any change is the right change, rounded debate is essential - even if it can be frustrating.
Some rather fabulous history
It took 10 years for the 1957 Wolfenden Report to result in the Sexual Offences Act 1967. This act took the key step of (partially) decriminalising homosexuality in England & Wales but also enshrined some key inequalities that wouldn’t improve in law for more than 30 years. In the main, this was all well and good for some of the UK but homosexuality was not decrimilised in Scotland and Northern Ireland until 1980 and 1982 respectively.
Things started to warm up during the passage of the bill that became the Criminal Justice and Public Order Act 1994. Several important things changed in this act including the reduction of the gay age of consent to 18. Edwina Currie MP (bless her at least for this!) had proposed an amendment to the bill for equalisation at 16 but this was defeated in the Commons.
About this time the campaigning and lobby group Stonewall had really begun to make a difference - and in this they have continued. Stonewall was set up as a result of the Section 28 bigotry which ironically galvanised the gay ‘community’ (Mrs Pankhurst could have told you that was coming, Baroness Knight…). All of the relevant bills over the coming years were closely scrutinised, effectively lobbied and campaigned for or against, and even drafted by this professional organisation.
Although I have despaired at the carryings on of Outrage! and Peter Tatchell I must admit that they certainly helped get a spotlight on these and later debates (think of earlier ladies’ chainings to railings) - even if a lot of running repairs were necessary as a result.
Supported by Stonewall, Euan Sutherland and Chris Morris took action in the European Court of Human Rights which they put on hold in 1997 following the newly elected (Labour) government’s promises to resolve the issue. A first attempt in 1998 by Ann Keen MP (another vested interest - she was around that time, I think I remember correctly, reunited with a son she had given up for adoption and he’s gay - but top marks, Ann!) to amend the Crime and Disorder Bill was passed by the Commons but defeated in the Lords. Later in the year, though, the Sexual Offences (Amendment) Bill was introduced and included a proposal for equality at 16. This bill finally became law through invoking the Parliament Acts after spending much of 1999 and 2000 being repeatedly passed by the Commons and rejected by the Lords. I can remember this period feeling like such a long time with no surety of a positive outcome until very late on. Opponents in the Lords were led by a nasty piece of work I will not sully this page by naming… but if you really must, she’s here.
Another victory, in 1999, was the lifting of the ban on gay men and lesbians serving in the UK military. The succesful campaign by Stonewall and Rank Outsiders (now AFLAGA) had taken eight years.
So, the first real win for equality came in 2001 with the eventual enactment of the Sexual Offences (Amendment) Act 2000 and its equalising of the age of consent at 16 in England & Wales. The weight started to lessen on so many sets of amazed and thankful shoulders at this point.
Hold onto your Acts!
Since 2001, things have been moving much faster - due in large part to Stonewall’s work. The following relates specifically to laws for England and Wales but Scotland and Northern Ireland either follow closely behind or, more frequently now, anticipate E&W legislation. (Sorry to skip over your bits chaps.)
- The Civil Partnership Act 2004 enabled Civil Partnerships to be registered from December 2005. In registering a Civil Partnership, gay couples have the same rights and responsibilities as married straight couples. (Andrew and I became trend-setters in March 2006.)
A lot of changes in a comparitively short time. And it doesn’t stop there…
Acting up
The Equality Act 2006 set up the Commission for Equalities and Human Rights and created a legal framework for regulations specifically dealing with “discrimination or harassment on grounds of sexual orientation“.
This last act is resulting in regulations being implemented from early 2007 which include those about discrimination in provision of provision of goods, facilities and services, education and public functions. Stonewall’s campaign slogan is Give Us The Goods.
Northern Ireland’s regulations came into force on 1 January. The Christian Institute failed in a late December High Court bid to delay their introduction. The regulations were also unsuccesfully challenged (by some increasingly tedious noble Lords) last Tuesday, 9th January. The 131 majority (”the largest majority we’ve ever had in the Lords” Ben Summerskill, Stonewall’s Chief Executive said in an email to supporters late that night) gives real hope that our representatives and the country increasingly see equality as essential for a truly great Britain. I also hope we’re all fed up with being dragged about overmuch by bigotry when there are so many other things to spend time sorting out - even stuff affecting “the straights” :)
England’s & Wales’ regulations are due to be implemented in April. I expect these will be challenged in Parliament too and we need to work to ensure a safe defeat of any challenge - this is not guaranteed.
And for our next Act (of Parliament)
- The Commission for Equalities and Human Rights is due to begin its work proper later this year and pre-exisiting separate equality commissions will wind up. The government has said it is open to properly integrating (and ensuring parity across) all equality law and the CEHR will be key in developing a bill for what is hoped will be a single new Equality Act. Stonewall is supporting this proposal for a simpler - and more equal - equality which will be another civilising step in our society’s evolution.
- Incitement to hatred on grounds of sexual orientation should be an offence and Stonewall is pushing again for this change. In 2005, efforts to introduce this were thwarted - more evidence that nothing can be taken for granted.
To anyone wondering if all this is really necessary “in this day and age”…
The RC Archbishop of Westminster last year sacked a press officer - allegedly for being gay. If that’s true there is no simple protection for that man (until April). More bishops (the RC Archbishop of Birmingham and the CofE Bishop of Rochester) have also made it clear they want to turn gay people away from church-sponsored “schools, adoption agencies, welfare programmes and shelters” which the regulations legislate against.
A doctor refused a, normally routine, smear test to a woman because she’s a lesbian. The new regulations would deal with such arbitrary decisions on who receives essential services.
Stonewall receives hate mail (often pornographic, often supposedly Christian) and even bomb threats with frightening predictability each time a campaign makes the news.
A current survey among school children is finding evidence of hompohobic bullying and, worse, school toleration of it.
So, give us the goods (please)
Peter Hain, Northern Ireland Secretary, showed the country what it should be doing. He held a robust line in developing and implementing the Equality Act regulations - I hope we’ll see more of this as the way our parliamentarians deal with hatred and bigotry. So many people perversely obsessed with my bedroom activities… Look, The Christian Institute, you try not to think about my bedroom activities and I’ll do the same for you - gladly.
There is no reason for continued inequality. Every single person, flamboyant or otherwise, should be free of the fear of hatred, discrimination and harassment. And, lets ensure this without wasting time - there’s also some literally earth-shattering stuff: war; terrorism; global warming; ecological issues; health services; transport… a similar story - some good (and bad) stuff done but much, much more to putting things right to do.
We’d all better stop mincing about and get on with it!
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