LGBT History Month: the repeal of Section 28 in Scotland 

As we mark LGBT+ History Month this February, we honour the activists who fought – and continue to fight – for justice, equality, and visibility. This year’s theme, ‘Activism and Social Change’, invites us to reflect on the activists of the past and the people and movements that have shaped the rights we have today. 

In this spirit, we share an important piece written by our volunteer Ben, who has studied Section 28 –a law that, while never leading to criminal charges, caused immeasurable harm to our community. Introduced in 1988, Section 28 sought to silence discussions of LGBT+ lives in schools and local authorities, fostering a climate of fear and shame for an entire generation. The damage it inflicted still lingers today. 

Ben’s article explores the impact of this legislation, and we encourage readers to approach it with care. It may bring up painful memories or uncomfortable emotions. We’d remind you of the support available via our helpline and online chat. 

While Section 28 was a deeply abhorrent policy, it also ignited something powerful: it inspired our community to take action. In many ways, its cruelty was the catalyst for modern LGBT+ activism in the UK, bringing people together in defiant solidarity and setting the stage for the progress we see today.

So, as we look back, we do so with sorrow, but also with pride—pride in those who resisted, in those who demanded better, and in those who continue the fight today. Ben’s blog reminds us why we must never be silent, and why activism remains as vital as ever. 

What is Section 28?

In 1988, the British Government, led by Prime Minister Margaret Thatcher, introduced the infamous clause called Section 28 as part of the Local Government Act. This prohibited the “promoting of homosexuality by teaching or by publishing material” and the teaching “of the acceptability of homosexuality as a pretended family relationship”.  

Section 28 was partly sparked by controversy surrounding the 1983 book, Jenny Lives with Eric and Martin. Kenneth Baker, the then Conservative Education Secretary, described the book as ’propaganda’. Conservatives believed that teachers and left-wing councils were indoctrinating young people with homosexual ideas. This eventually led to Thatcher’s infamous speech.  

Books that included homosexuality were banned and teachers did not feel comfortable discussing homosexuality whatsoever.  This led to homophobic bullying within schools and a lack of support from teachers who were afraid of breaching the clause. 

Gay rights in Scotland during the late 20th century

Before Section 28 was introduced, the AIDS pandemic, known as a ‘Gay Plague’, was a defining event of the 1980s in Britain. This created an environment of fear, anxiety and hatred toward LGBTQ+ people, highlighted by a 1986 public health announcement airing ‘AIDS’ engraved on a black tombstone.   

The gay rights movement in Scotland was different from the one in England and the rest of the UK. A key example of this was the response to the Wolfenden Report. The report recommended that ‘homosexual behaviour between consenting adults in private should no longer be considered a criminal offence’. This led to the Sexual Offences Act 1967 which decriminalised same-sex relations in England and Wales. However, Scotland didn’t introduce the same protections for gay people until 1980, 13 years later. 

Public opinion and devolution

In 2000, there was a clear change in attitude towards homosexuality in Scotland which likely accelerated the repeal of Section 28. The vast majority (83%) believed that homosexuality should be tolerated. This was a clear departure from 64% of people who believed same-sex relations were wrong in 1987. 

The debates in the Scottish Parliament in early 2000 show the political and legal discussion around Section 28. Labour MSPs like Wendy Alexander lead the debate in favor of repealing it, saying“because it is the right thing to do” and that it did not fit with Scottish society, traditions, or values. 

Keep the clause campaign

In Scotland, a major part of the ‘Keep the Clause’ campaign was a private referendum, funded by Brian Souter, founder of the Stagecoach Group. It gained 1,094,440 votes in favour of keeping Section 28 (86.8% of the votes cast), compared to 166,406 who agreed with the repeal.  However, with 3,970,712 papers sent out, most ballots were left unanswered, ignored, or discarded. This referendum was criticised as nothing more than a “glorified opinion poll” by MSP Wendy Alexander.  

Ultimately, politicians ignored the poll and called its results into question. 

Repeal campaign

Bullying and concerns about the marginalisation of homosexual students in schools were key reasons for wanting to repeal Section 28. It was believed that Section 28 made students uncomfortable discussing their concerns with teachers, who also felt uneasy addressing issues related to sexuality for fear of breaking the law. 

A study in Glasgow revealed a third of those interviewed believed homophobia negatively affected their education, with over half experiencing blatant forms of homophobia. LGBTQ+ activist group Outright Scotland used this evidence to support the repeal of Section 28. 

 This issue was especially noticeable in schools, where many parent-teacher councils supported the repeal.  The Scottish Parent Teacher Council recognised that homosexuality is part of culture and society and argued that Section 28 created barriers for children trying to understand their sexuality. They noted that teachers couldn’t help because of the clause and called for other protections to keep children safe from inappropriate materials. 

Looking ahead: continuing the journey for LGBTQ+ equality

The repeal of Section 28 was a significant win for LGBTQ+ rights in Scotland, but it also revealed the deep-rooted prejudices that still linger in society and its institutions. As we reflect on this turning point in our history, we are reminded that the fight for equality and acceptance is far from over. 

To continue this conversation, we invite you to join us for a special film screening of Blue Jean (2022), a powerful film that explores the challenges faced by Jean, a gym teacher in 1980s England, who struggles to hide her sexuality amid the growing backlash against LGBTQ+ rights. After the screening, we’ll host a discussion about the film’s themes, its portrayal of LGBTQ+ struggles, and its connection to the historical context of laws like Section 28. This is an opportunity to reflect on the progress made, the challenges that remain, and the ongoing journey for equality. 

Event details
When: Friday 21st February, 4-7pm
Where: LGBT Health and Wellbeing, Edinburgh
Registration: register on Eventbrite