Scots
Gay Law Reform
Introduction
There is no doubt that the Law Reform Bill, drafted and promoted
by the Scottish Minorities Group, has caused widespread controversy.
The controversy stems from the fact that both Campaign for Homosexual
Equality and the Sexual Law Reform Society (Secretary: Antony Grey)
have opted for “across-the-board” sexual reform. Details
of their campaigns and thinking will not be available until to wards
the end of this year. On the other hand, SMG has clearly articulated
its reform proposals to the extent that the final draft of their
Biil is shortly to be published. The following article by Councillor
Ian Christie explains the background to the Bill, and why the Scottish
homosexual organ/sat/on has opted for a gradualist approach.
Ian Dunn (Edinburgh SMG)
THE Bill which the SMG is putting forward
is unique in several legal aspects, but the most significant
change is a social one in that for the first time in
British history a Gay organisation has put forward its
own proposals for law reform and has taken the initiative
of bringing together Peers and MPs in order to guide
a bill on to the Statute Book.
In the past, homosexual law reform has been left to “do-gooders”,
and homosexuals have tended to sit on their backsides and leave it
to others to look after their interests. Now we are acting on our
own behalf and this movement must be united as a means of developing
a more rational attitude towards homosexuality both among gay and
non-gay alike.
In this campaign, the Scottish Minorities Group is fighting to right
what we believe is a grave social injustice, but we are fighting
for our rights by putting forward proposals which will command public
acceptance. We have been accused by some gay liberationists—particularly
south of the Border—of selling the pass over the age of consent,
and we have been told that we ought to have gone for an age of “consent” of
16 rather than 18. But we have had to decide whether to fight for
improvements which take Scotland miles ahead of England, or to go
ahead and make proposals that haven’t a snowball’s chance
in hell of passing through the present Parliament. We view our Bill
as the first stage in a struggle, with the next stage the preparation
of a “British” Bill (with a Scottish Clause) which will
bring down the overall age of consent to 16 and give complete equality
with heterosexuals -
We have adopted a strategy in which we are allying ourselves with
many heterosexual persons of good will and liberal intent. We feel
that this cross-fertilisation of views is the best way to produce
a lasting transformation of social attitudes. In Scotland, the pressure
of a condemnatory public opinion has always been a much more serious
matter for homosexuals than the harrying of the law. The law of evidence
which prevails in Scotland has always prevented the witch-hunts which
happened in England and Wales before 1967. The Labouchere amendment
never had much force in Scotland. Nevertheless the Scots homosexual
in the past was subject to all kinds of inhibitions and taboos, stemming
from the Scottish Churches’ traditional obsession with Mosaic
Law. Any kind of homosexual relationship, particularly a love relationship,
was regarded as one of the most unforgivable of sins. Scottish people
were also very unsympathetic to any kind of adoption by men of a
feminine role. In the minds of
Ian Christiemany Scots, homosexuality was linked with effeminacy,
and this apparent threat to Scottish virility was scornfully rejected.
Parents became anxious about any signs of homosexuality in their
children, considering that they had somehow failed in their duty
if their children became gay. This guilt they all too often passed
on to their children. By enlisting the support of heterosexuals for
our 5MG Aims, we are seeking to change, traditional heterosexual
attitudes towards homosexuality. We are seeking, if you like, to
develop an understanding, tolerant attitude among the four hundred
thousand parents who will be the fathers and mothers of the next
generation of homosexual children.
Any chance to bring about such a change in social attitudes in Scotland
largely depends on a ‘commitment by the homosexual community
itself to fight for our Bill. We have got to involve ourselves actively,
all 20,000 of us in Edinburgh, all 200,000 of us throughout Scotland.
Already we have had deputations to 5 of our local MPs, and we have
had a most sympathetic response. These small beginnings are leading
to some quite big results. The Lord Advocate, who is the Conservative
MP for Edinburgh Pentlands, has issued a departmental letter stating
that there will be no prosecutions in Scotland for sexual acts between
consenting adults in private, and assuring homosexuals of complete
police support in the event of blackmail or robbery.
In our campaign we will have to try and lobby every MP and every
Peer in Scotland. But if we are seeking to make a radical change
in public opinion, a lot more than parliamentary lobbying will be
needed. We have got to lobby the Churches, the students’ organisations,
the University staffs, the Trades Unions and all the political parties.
We also have to use to the full the media of the Press and television,
Many more teach-ins and public debates will be needed.
We may fail in our first efforts to get our Bill on to the Statute
Book, but in fighting we prepare ourselves for the next effort. Indeed
we are probably preparing the ground for a campaign to launch a much
more far-reaching British Sexual Law Reform Bill. We are quite aware
of the difficulties that lie ahead, but we are asking confidently
for public support for our Bill to remove much of the discrimination
against the largest minority. We must all stand up and be counted.
In so doing, we can liberate ourselves from past fears and inhibitions:
but we will only reach full maturity if we go on to realise that
we ourselves, being of a minority, have a responsibility to champion
the rights of all persecuted minorities throughout the world.
Ian Christie |