It was a badly drafted clause in the Local Government Act in 1988, banning local authorities – which have responsibility for local state schools – from ‘promoting’ homosexuality and the “acceptability of homosexuality as a pretended family relationship”.
That ‘promoting’ bit was a major difficulty – did acknowledging homosexuality exists equate with ‘promotion’? If you played pupils a bit of Tchaikovsky, would that amount to ‘promotion’?
In the House of Commons, Labour MP Tony Benn put it like this: “... if the sense of the word “promote” can be read across from “describe”, every murder play promotes murder, every war play promotes war, every drama involving the eternal triangle promotes adultery; and Mr Richard Branson’s condom campaign promotes fornication. The House had better be very careful before it gives to judges, who come from a narrow section of society, the power to interpret ‘promote’.”
Then of course, there was the whole idea that an LGBT relationship was a ‘pretend’ one. Baker points out that the pace of social change since the 1960s – decriminalisation of homosexuality (albeit with strictures in place) only came in 1967 – had left many older people struggling in such a rapidly shifting landscape and in what many saw as ‘the permissive society’.
The process of how something comes to be on the statue book is explained in a good bit of civics showing how the Westminster Parliament works in terms of both houses.
Baker uses interviews with key figures, including Sir Ian McKellen, Angela Mason and Lord Chris Smith, to recount what happened, together with many quotes from speakers in both the House of Commons and the Lords when the subject was being debated.
Many of those quotes still have the power to shock now, with their brazen and even violent hatred. The usual names come up – Mary Whitehouse, Lord Longford, Malcolm Muggeridge … together with ones that will be less well known to the wider audience, such as Dame Elaine Kellett-Bowman, who was Baker’s MP when he went to work at Lancaster University, and mine too when I lived in that area.
She was a sort of handbagging Margaret Thatcher clone on ’roids – a deeply unpleasant woman that I personally had contact with when writing to her in the 1980s about Campaign for the Arts. It might have been a non-party campaign, but that didn’t stop her snotty reply effectively accusing me of being a ‘loony lefty’. I was barely getting over having started my political life, courtesy of my background, as a Tory, but she helped me further along that road.
Baker takes great care to be as understanding as possible of the motives of many who so strongly backed Section 28 and never falls into the easy trap of simply lambasting him, though is less obviously forgiving of their friends in the media who peddled a diet of hate to their readers.
But central to the book are the stories of those whose lives were negatively affected by Section 28 and the homophobia that it enabled. It had a lasting impact for many.
However, brought together disparate parts of the LGBT community to fight back against and, in the process, build the case – and support for – greater equality, with a campaign including some incredibly inventive, non-violent protests.
Following the repeal of the clause in devolved Scotland in 2000, it finally came off the books elsewhere in 2003.
Reading this today feels like having a premonition.
Toward the end of Outrageous! Baker says that “Tristan Garel-Jones, the deputy chief whip for the Conservatives, apparently called it [Section 28], a piece of meat thrown by Mrs Thatcher to her right-wing wolves”.
I finished the book the same day on which reports leaked out that Tory Party leadership frontrunner Liz Truss had said – according to her supporter and former party leader Iain Duncan Smith – that she regretted her involvement in the Bill to ban conversion ‘therapy’.
Duncan Smith – a Catholic convert who once used the word “sin” in a discussion on unemployment – suggested that she would like to bin the legislation altogether.
This was subsequently denied by her team, according to North London Tory MP Mike Freer, who told his local newspaper that he had asked.
Other reports have suggested that, if elected as Tory leader (and thus prime minister), Truss would also elevate the culture war loving, LGBT+ despising Kemi Badenoch to her front bench.
This is, of course, precisely the sort of raw red meat that Garel-Jones mentioned. The Conservative Party had a maximum membership of 180,000 as of 2019 (the party is not open about its membership) as opposed to 47.6 million Parliamentary electoral registrations in the following year.
Those who will select the new Tory leader/PM are a tiny minority of the electorate as a whole and, on the basis of their likely preferred news reading being the Telegraph, the Mail and the Express, they are still being fed a toxic diet of homophobic – and particularly transphobic – bile.
The first two of those, together with the Sun, have been cited as the biggest new media defenders of Section 28.
In the last couple of days, Suella Braverman, the attorney general, has stated that schools that talk about gender change could face Ofsted sanctions. Nothing like Section 28 at all, then.
Yet even within this constituency of the Conservative Party membership, YouGov polling has shown that just 8% of those members want “combatting the woke agenda” prioritised, so it’s difficult to see who is being appealed to here. A wider constituency of far-right voters that switched from the likes of UKIP and helped the Conservatives to a massive majority in 2019? Religious fundamentalists from across faiths who hate anything that isn’t heterosexual marriage? Groups that might vote for the Conservatives at the next general election?
It’s difficult not to feel deeply concerned about what the coming period will bring in terms of equality and for the LGBT+ community. Or not to feel that, once again, campaigns and protests might need to be organised.
Baker’s book is a salutary reminder of the harm of such intolerance – but also of how the fight back can succeed. It is very much worth a read.
• Outrageous! The story of Section 28 and Britain’s battle for LGBT education by Paul Baker is published by Reaktion Books
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