As LGBTQ+ History Month draws to a close in the UK, associate Florence Bedford reflects on how the laws affecting the LGBTQ+ community have evolved over time, and argues everybody, including legal professionals, has a role to play in safeguarding LGBTQ+ rights.
Every February, we mark and celebrate LGBTQ+ History Month. The month was founded in 2004 to create a space to celebrate LGBTQ+ people’s history following the repeal of Section 28 of the Local Government Act in 2003.
Section 28 became law in 1988 in an attempt to “prohibit the promotion of homosexuality” and banned councils and schools from "promoting the teaching of the acceptability of homosexuality as a pretended family relationship”.
Those involved with the inception of the policy deemed it necessary for the “wellbeing of children”. However, the damaging effect of this can still be felt today from those who were growing up during that period. When children were bullied because of their sexuality, teachers were not able to intervene as they risked being in breach of the law.
As someone who attended primary school in the early 2000s, it has demonstrated to me that we cannot take for granted what we deem now to be an obvious right. It is important we spend this month reflecting on the great strides that have been made and take time to celebrate those integral in changing our world for the better.
"A real impact on social norms"
It is clear from the impact of Section 28 and importantly, its repeal, that the law has a real effect on social norms. The cultural significance of the passing of the Marriage (Same Sex Couples) Act 2013, which made it onto the statute book on 13 March 2014, cannot be underestimated. Moreover, the Civil Partnership (Opposite Sex Couples) Regulation 2019, which offers civil partnerships to opposite-sex couples, represents true equality of status of relationship, signifying that what is right for one can be right for all. On the back of these changes in the law, there have been significant waves made through society, for example, the Church of England began conducting same-sex marriages last year; a move which hopes to alleviate some of the pain experienced by LGBTQ+ individuals when trying to equate their faith and sexuality.
Undoubtedly, there is much more we can do. Section 28 was intended to protect children; but the language used in the implementation of the policy had a more negative effect. As legal professionals, we use and mould language on a daily basis but the dangers of misinterpretation are ever present. As someone starting my legal career, I am reminded that we need to consider the impact of what we write or say, be that drafting a complex document or engaging in everyday conversation, and that there is power in words.
"We have a duty not only as lawyers, but as people"
Around the world, it is worrying to see steps being taken to reduce the rights of the LGBTQ+ community. This should remind us that we need to protect what we have and to be an active ally to the community. Rights can be upheld via government action but also in our day to day by creating and encouraging inclusive environments.
We have a duty not only as lawyers, but as people, to ensure what has been achieved is preserved and that momentum continues to ensure a safe space is held for all.
Florence Bedford is an associate in the family and children team with experience advising on divorce, finance and child arrangements.
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