50 YEARS SINCE DECRIMINALISATION OF MALE GAY SEX

Andrew Allen, Barrister, Outer Temple Chambers

Andrew Allen provides a whistle-stop tour of the 60 years since the Wolfenden Report and 50 years since the partial de-criminalisation of the 1967 Sexual Offences Act permitting homosexual acts in private between 2 consenting adults who were 21 or older. Lord Arran who steered the 1967 Act through the House of Lords asked homosexual men to ‘show their thanks by comporting themselves quietly and with dignity’. Not everyone followed his advice. The Gay Liberation Front Manifesto in 1971 called for the ‘abolition of the family’ but since 1967, legislation including the infamous ‘Section 28’ of the Local Government Act 1988 and judicial decisions from Fitzpatrick v Sterling Housing Association Ltd [2001] 1 AC 27 to Walker v Innospec Ltd & Ors [2017] UKSC 47 have attempted to draw lines between respectable and unprivileged behaviours of homosexuals – in particular in relation to the family. Civil partnerships; adoption and pension rights; and equal marriage are lauded by many but are some right to regard them as creating a ‘straight–jacket’?

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