The 'difficult' fight by Scotland's LGBT+ community to repeal section 28 remembered, 25 years on

Scotland on Saturday marked 25 years since laws prohibiting the promotion of homosexuality in schools were repealed.

LGBT+ communities have been "strengthened" by their experience of section 28, it has been claimed, as Scotland marked 25 years since the law was repealed.

Section 28 was part of the Local Government Act 1988, introduced by Margaret Thatcher’s Conservative government.

It stated councils could not “intentionally promote homosexuality or publish material with the intention of promoting homosexuality”, or “promote the teaching in any maintained school the acceptability of homosexuality as a pretended family relationship”.

Scotland had only legalised gay sex eight years before section 28 was introduced - 13 years after it was decriminalised in England and Wales.

The law was repealed on June 21, 2000, making it one of the first major pieces of legislation in the newly-devolved Scottish Parliament. England and Wales were to follow suit three years later.

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Scottish Greens co-convener Patrick Harvie was an LGBT+ youth worker in Glasgow at the time and campaigned in support of the repeal.

He said he still finds his memories of the fight “difficult”, particularly when he thinks back on the “horrible, nasty” media coverage at the time.

Scottish Green co-leader Patrick Harvie. | Jane Barlow/Press Associaton

“My memories of the repeal campaign are still quite difficult in some ways,” he said. “None of us expected this would be the biggest issue in the Scottish Parliament.

“In the early days of devolution, there were anxieties about what the Scottish Parliament would do with human rights.

“There was still a strong story that Scotland was more socially conservative and more religious than other parts of the UK. Now that story of Scotland was not true, but it still held power in people’s minds.

“When we realised the first Scottish Executive was going to repeal this, there was initially a lot of optimism and happiness. But suddenly we realised what a horrible, nasty, homophobic campaign was run against us by the media.”

Mr Harvie told The Scotsman it was a “frightening experience” for him to grow up queer in the west of Scotland, describing schools at the time as “not a safe place”.

Some of the loudest voices in the ‘Keep the Clause’ campaign were Cardinal Thomas Winning, head of the Scottish Roman Catholic Church, and bus tycoon Brian Souter.

Sir Brian Souter (left) and Jack Irvine from the 'Keep the Clause' campaign. | David Cheskin/Press Association

Mr Harvie said: “Cardinal Winning compared us to Nazis, which is astonishing now. But we survived it - some people say what doesn’t kill you makes you stronger, and our community has been strengthened by this experience.

“It didn’t feel like it at the time - it felt like an attack. But it has strengthened us.

“On some level, if it hadn’t been for Brian Souter I would never have got into politics, so perhaps I am his greatest legacy.”

Mr Harvie was planning to spend the 25th anniversary, which was marked on Saturday, reflecting on his time campaigning and giving evidence in the old Scottish Parliament building.

First Minister Donald Dewar and Communities Minister Wendy Alexander, pictured immediately before Mr Dewar speaks on repealing section 28. | Ben Curtis/Press Association

He said he hoped the anniversary could be used to highlight increasing levels of transphobia across Scotland.

Mr Harvie said: “I will remember being on the front bench of the temporary chamber before I was an MSP and giving evidence on the Ethical Standards and Public Life Act that repealed section 28.

“It genuinely felt like this new parliament had doors open and was willing to participate, and that is when we see Parliament at its best.”

The Glasgow MSP added: “Up until the last few years we have consistently seen Parliament vote in favour of LGBT+ equality and rights so it is painful to see that unravel with the growth of transphobia and prejudice against inclusive education.

“The nature of the debate is almost as bad as when section 28 was introduced and there was the politically weaponised homophobia of the 1980s and 1990s.”