February 2, 2024, By
Michael Duckworth
LGBT History Month is celebrated every February and provides an opportunity for people across the UK to discover and celebrate LGBT art, culture and resistance throughout time. Founded by the education charity Schools Out, LGBT History month has played a pivotal role in a wider campaign to use education as a way to combat prejudice and hate in our society.
In the spirit of this month, our LGBT law experts have put together a quick guide to the history of LGBT rights in the UK, from decriminalization to equal marriage.
Wolfenden Report 1957
The Wolfenden Report 1957 was the ignition spark for the decriminalisation of same-sex relations and marked the first time LGBT rights issues were brought to the forefront of British politics.
Same-sex relationships between men have been illegal in the UK since 1533, with some cases even punishable by death. Relationships between women have never been subject to legal restrictions, but this was more to assert that same-sex relationships between women didn’t, or couldn’t, exist.
In 1957, after the imprisonment and death of several high-profile gay men (including Alan Turing), a report was commissioned and reviewed by parliament. The report recommended decriminalising same-sex relations, arguing that homosexuality was a matter of private morality, not for legal intervention (parliament.uk). Essentially, it was an individual’s private business, and therefore, the law should not interfere.
The recommendations were thrown out in 1960 after much debate, but this report paved the way for…
The Sexual Offenses Act 1967
The Sexual Offenses Act decriminalised homosexual acts between two consenting adults over the age of twenty-one. While this was a considerable step forward, the act came with a few catches on what was deemed to be “private”, and equality for the LGBT community was far from being achieved. And over the next 20 years, there would be a considerable pushback on LGBT rights in response to the growing (as it was then called) gay rights movement.
Corbett vs Corbett
Corbett vs Corbett was a landmark case in 1970 that rolled back the ability for transgender people to change the sex marker on their birth certificate, making it impossible to marry someone of the opposite gender, as it would be considered a “same-sex” relationship, which wasn’t legally recognised at the time. The case involved Arthur Corbett and Ashley Corbett, a recently married couple whose relationship broke down soon after the marriage. Arthur attempted to annul the marriage on the grounds that Ashley was assigned male at birth, and he won. The outcome of this case ruled that for the purposes of marriage, sex was to be determined solely by chromosomes and genitals and that any medical intervention or psychological factors were to be ignored.
Section 28 of the Local Government Act 1988
Section 28 was an amendment to the Local Governance act that was introduced under Margaret Thatcher’s Conservative government to eliminate homosexuality from public life, and to prevent it being presented to children as an “pretended family relationship”.
Section 28 applied only to local authorities and not to schools, however many teachers believed wrongly that it applied to them. The National Union of Teachers stated at the time that “The effect of Section 28, therefore, is to inhibit anti-discrimination initiatives and make it difficult for schools to prevent or address the serious problems that arise from homophobic bullying”.
Section 28 was eventually repealed in 2003, and an official apology from the Conservative Party was issued by Conservative Prime Minister David Cameron in 2009.
Equalities Act 2010
The Equalities Act was, in many ways, a culmination of a series of laws passed in the late 90s and 00s. This act consolidated and expanded protections against nine personal characteristics: race, age, religion, gender reassignment, sexual orientation, disability, sex, pregnancy and marriage/civil partnership. What this meant for LGBT people is they were now fully protected from discrimination in public and private services and employment, both directly and indirectly.
Marriage (Same Sex Couples) Act 2014
Same-sex couples were able to enter a civil union since 2004; this gave them most of the same rights and protections as civil marriage, but same-sex couples were unable to get married until 2014. Marriage equality was achieved for same-sex couples in the UK in the passing of the Marriage Act 2014. The passing of this act allowed same-sex couples to enter a civil marriage in exactly the same way as an opposite-sex couple would, with all the same rights, benefits and protections.
The Present Day
The fight for LGBT equality continues to this day; from delays to ban conversion therapy to the increased struggle for equal healthcare and freedom from hatred and discrimination for transgender people, it’s still as important as ever to be a vocal and active ally to the LGBT Community.
At Slater Heelis, our history of allyship goes back decades; in 2004, we hosted an information evening in Manchester Village about the Civil Partnership Act before it was introduced so same-sex couples could learn more about civil unions. As the firm has grown, we have partnered with organisations like the LGBT Foundation and Switchboard to provide training to our staff and pro-bono advice to their service users. Just this year, we sponsored Trafford Pride, supporting local queer artists and celebrating Greater Manchester’s proud history of LGBT activism.
Our LGBT law specialists provide a full range of services for families and individuals, from co-habiting agreements, civil union dissolutions, and child arrangements, as well as navigating the minefield of legislation around surrogacy, IVF and sperm & egg donor arrangements.
If you’d like to talk to one of our team, fill out our contact form, or give us a call at 0330 111 3131