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Other meanings of Section 28

Law & Society

Section 28

Section 28 of the Local Government Act 1988 was a controversial British law that prohibited local authorities from intentionally promoting homosexuality or publishing material with that intention. Enacted in 1988 and repealed in 2003 (in England and Wales) and 2000 (in Scotland), it had a chilling effect on LGBTQ+ education and support services.

1988
Enacted
Year the law came into force
2003
Repealed (England & Wales)
Year of repeal
2000
Repealed (Scotland)
Year of repeal
28
Section number
Section of the Local Government Act 1988
1

Background and legislative intent

Section 28 was introduced by the Conservative government of Margaret Thatcher, partly in response to a 1986 report by the Greater London Council that suggested schools should teach about homosexuality in a positive light. The law stated that a local authority 'shall not intentionally promote homosexuality or publish material with the intention of promoting homosexuality' or 'promote the teaching in any maintained school of the acceptability of homosexuality as a pretended family relationship'.1 The wording was deliberately broad, and critics argued it was used to justify censorship and discrimination.

2

Impact on schools and services

The law had a profound chilling effect on schools and local services. Teachers and youth workers feared that discussing homosexuality in a positive way could be seen as 'promoting' it, leading to self-censorship and a lack of support for LGBTQ+ students.2 Some local authorities closed LGBTQ+ youth groups and helplines, and books with gay characters were removed from school libraries. The law also affected HIV/AIDS education, as some materials were deemed too explicit or positive about homosexuality.

3

Repeal and legacy

Section 28 was repealed in Scotland in 2000 and in England and Wales in 2003, following years of campaigning by LGBTQ+ rights groups and allies. The repeal was part of a broader shift in public attitudes and legal protections for LGBTQ+ people.3 However, the legacy of Section 28 persists: many adults who grew up during its existence report lasting negative effects on their mental health and identity formation. The law is often cited as a cautionary example of how legislation can be used to marginalize minority groups.

4

Lesser-known aspects

One lesser-known aspect is that Section 28 was never actually used to prosecute anyone; its power lay in its deterrent effect. Another is that the law applied only to local authorities, not to independent schools or universities, creating an uneven patchwork of protections. The campaign against Section 28 also gave rise to the activist group Stonewall, which became one of the UK's most prominent LGBTQ+ rights organizations.4 Additionally, the law was briefly extended to Scotland in 1988, but a similar bill in Northern Ireland was never enacted, leaving a legal anomaly.

Glossary

Local Government Act 1988
UK Act of Parliament that included Section 28.
LGBTQ+
Lesbian, gay, bisexual, transgender, queer, and other sexual/gender minorities.
Stonewall
UK LGBTQ+ rights charity founded in 1989 partly in response to Section 28.

Section 28 remains a significant reference point in discussions of LGBTQ+ rights and the role of law in shaping social attitudes.