Section 28
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want to lead the country away from socialist concerns, such as minority rights, public housing, and programs for the poor, elderly, and disabled.
Section 28 is a small part of a complex law designed to create stable revenue through tax reform, and to control the ways local councils spend their money. It also strips the councils of their power, turning them into extensions of the British civil service.
In a formal statement to the GPC, the Office of the British Consulate General of Cleveland provided Her Majesty's Government's (HMG) explaination for Section 28.
"The new provision were introduced because of the growing concern in the British Parliament and in the U.K. as a whole about the use of ratepayer's money by some Local Authorities to promote homosexuality."
"There is a real concern that some local authorities, in schools and outside, are endeavouring to glamourise homosexuality... HMG shared the view of the sponsors of the Section that there can be justification for Local Authorities using public money for this purpose."
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"In HMG's view, removing this source of disquiet will go far to alleviate the resentment which was building up and having a growing and adverse effect on tolerance and understanding."
The statement goes on to say that Section 28 will have no direct effect on what is taught in schools regarding sex education, information, and couseling. It also claims that libraries will continue to stock books and that theatres can still present productions dealing with homosexual themes, or works written by homosexual authors, "if the aim is simply to provide residents with a full range of artistic and literary material."
In response to the cries of "discrimination" from Lesbians and Gays, HMG insists that it "opposes discrimination in any form and do not intend these provisions to remove the rights of homosexuals to receive council services: as ratepayers and electors they are entitled to have access to those sevices on the same basis as
anyone else. There is nothing in Section 28 that would damage this right."
Not so, say British Lesbian and Gay activists. In a telephone interview from London, Maureen Oliver and Dennis Killin of the Organization for Lesbian and Gay Action (OLGA), indicate that the greatest impact felt in the short time the law has been in effect is that Section 28 gives many people an "excuse to discriminate", and promotes rising anti-gay sentiment in Great Britain.
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Oliver contends that "in a lot cases, there is increased discrimination against Lesbians and Gays happening without the law having to be used. By the actual fact that it's
Off the RELORD
on the statute books, it is, in a sense, saying that it is the right and proper thing to do, to discriminate, and it's causing people to think along those lines."
Killin says that Section 28 "sets the wheels in motion for the underlying bigotry within the country... most of the authorities that have been implementing equal opportunity policies will have to step back now from including Lesbians and Gays, for fear of being accused of promoting homosexuality."
Oliver gave several examples of discrimination in the U.K. The Arch Deacon of London evicted the Lesbian and Gay Christian Movement (LGCM) from its premises. The case for eviction was tried under church court, not under Section 28. The intent of the law prevailed, however, and the LGCM will look for new headquarters in September.
In a panic to keep its funding, a Christian Mission in London declared homosexuality an abomination, and now refuses to employ Lesbians and Gays.
Mrs. Thatcher shares the assumption with other conservative Britains that Lesbian and Gay activists are "proselytizing" homosexuality, promoting it as a viable lifestyle and seeking converts from the schools. In a speech given last October, Thatcher attacked local authorities who allegedly implied that British pupils "have an inalienable right to be gay."
Conservative council members concerned with whether school children will fall prey to Gay zealots, have made Lesbian and Gay teachers the target of their wrath. Oliver explained that in England, it is perfectly legal to fire someone on the basis of sexual orientation. She cited incidents of Lesbian and Gay teachers being fired or pressured to resign from their jobs.
Lesbians and Gays remain a traditionally unpopular minority in Great Britain. The AIDS epidemic has intensified homophobic attitudes. Both the mainstream British press and the tabloid "gutter press" have spread panic and confusion among the heterosexual population by misinforming them in some cases that only Gays can contract the disease.
There is a provison in Section 28 that prohibits interfering with "the doing of anything for the purpose of treating or preventing the spread of disease."
This loophole allows local councils to fund AIDS education materials. Yet, misconceptions about AIDS being a Gay disease and the fear of promoting homosexuality have caused a potentially dangerous situation to develop in the U.K.
The Health Issues Task Force of Cleveland (HIT) is aware of the sitution in Britain. Gary Reynolds, Executive Director of HIT, points to a recent trend toward laws like the Helms Amendment and Section 28. HIT remains undaunted.
Reynolds said that the laws "are not going to prohibit us. They will
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just make us more cautious when we seek and use federal funds in educating the Gay Community about HIV transmission."
HIT has not applied for any federal money affected by the new legislation.
Reynolds attributes most of HIT's success to continuing support from Cleveland's Lesbian and Gay community. Reynolds vowed to "continue to develop resources to educate the Gay community and those who participate in high-risk behavior."
He observed that British Lesbians and Gays will need to rely more on their own communities to implement effective AIDS education.
One positive result of the struggle against Section 28 in Britain is the solidarity shown by Lesbians and Gays in Western Europe, North America, and Australia. British Consulates were picketed in Boston, New York, and Washington. Sue Hyde of the National Gay and Lesbian Task Force in Washington told the GPC that Section 28 "represents the first giant step backward in the progress of Lesbian and Gay rights in the Western industrialized nations."
Demonstrations have occured in West Germany, Sweeden, Italy, Belguim, and Holland. In April, just before the law passed, 50,000 people marched in London.
Actress Vanessa Redgrave and Shakespearean actor Ian McCullen support the cause, and a large segment of the arts community, both straight and Gay, have shown their concern.
On Jun. 25, London's annual Lesbian and Gay Pride Demonstration took place. The use of police and city services to support the 40,000 people who marched and gathered at Jubilee Gardens afterward could have been considered illegal under Section 28. Pride Weekend went on without incident. Local authorities allowed the event to take place this year, but Dennis Killin expressed doubt about future demonstrations.
Maureen Oliver travels though Western Europe seeking support for the British cause. Appeals will be made in the British and European High Courts. If things go well, the law could be overturned in three years. Dennis Killin is not optimistic about that happening as long as the Torries are in power. He predicts that Section
28 will be "narrowly defined" in the courts. There are too many people to see it implemented to the fullest extent.
Activism in Britain and Western Europe now focuses on the need for Euoropean and national constitutions that would afford basic protection of civil rights. Oliver addressed to conservative British attitude that if a minority wants to achieve tolerance, it should stay as quiet as possible.
"They seem to find it very offensive that people wear badges or march in the street. They just don't want us to be seen or heard at all, but we refuse to be invisble."
"We are aware of the long struggle ahead of us, but we are prepared for it and are capable of fighting. We are not going back into our closets queitly and closing our doors which is what they want to us to do."
The Organization for Lesbian and Gay Action encourages those who oppose Section 28 to voice their opposition. The British Consulate General of Cleveland will forward any letters of protest to Her Majesty's Government. Address letters to:
British Consulate General of Cleveland, 55 Public Square, Suite 1650, Cleveland, OH, 44113.
also
The consulate recommends writing directly to Mrs. Thatcher's office: Office of the Prime Minister, 10 Downing Street, London SW1, Great Britain.
Contributions or letters of support for British Lesbians and Gays, can be sent to: OLGA, PO Box 147, London SE15 3SA, Great Britain.
For more information on the subject, Policing Desire (University of Minnesota Press) by Simon Watney examines the phenomenon of "moral panic" and British attitudes toward AIDS and the Gay Community.
Reflecting on the crisis in Britain, one might listen closely for echoes from another era where morality reigned and supression was its servant. During the Victorian era, five years before he was imprisoned for sodomy in 1895, Oscar Wilde wrote, "If we lived long enough to see the results of our actions, it may be that those who call themselves good would be sickened with a dull remorse, and those whom the world calls evil stirred by a noble joy." ▼
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