28… years on

28… years on

28 years ago today, Section 28 became law. It was not the first thing to make me pay attention to politics, but in the end it would be the biggest motivator in going from armchair to activism.

One of the joys of life today is that when you talk to young people, even politically informed queer young people, you have to explain what it was. Often this is followed by some incredulity that people thought such a thing was OK, let alone a popular vote-winner, just a few years ago. Yet David Cameron got elected into parliament through a campaign that included attacking the politically correct rascals on the other side with their wicked intentions to repeal the law.

Section 28 as it would be known, Section 2A as it more strictly became once law, and "the clause" in popular parlance at the time it was going through parliament, was an amendment to the 1986 Local Government Act, which said:
Prohibition on promoting homosexuality by teaching or by publishing material.

(1)The following section shall be inserted after section 2 of the Local Government Act 1986 (prohibition of political publicity)—
2A“ Prohibition on promoting homosexuality by teaching or by publishing material.

(1)A local authority shall not—

(a)intentionally promote homosexuality or publish material with the intention of promoting homosexuality;

(b)promote the teaching in any maintained school of the acceptability of homosexuality as a pretended family relationship.

(2)Nothing in subsection (1) above shall be taken to prohibit the doing of anything for the purpose of treating or preventing the spread of disease.

(3)In any proceedings in connection with the application of this section a court shall draw such inferences as to the intention of the local authority as may reasonably be drawn from the evidence before it.

(4)In subsection (1)(b) above “maintained school” means,—

(a)in England and Wales, a county school, voluntary school, nursery school or special school, within the meaning of the Education Act 1944; and

(b)in Scotland, a public school, nursery school or special school, within the meaning of the Education (Scotland) Act 1980.”

(2)This section shall come into force at the end of the period of two months beginning with the day on which this Act is passed.
In practice and in intent, Section 28 made homosexuality a thought crime, an act which Russia is busy proving to us was not solely possible off the back of 1980s HIV hysteria, though back in the 80s that probably helped. Despite the "homo" wording it was a bi and trans issue too, as there was such a deep lack of grasp of LGBT in the public consciousness back then.

It was a vague law - I remember hearing one Tory MP defend it to an LGBT audience claiming that as it was so poorly worded it didn't mean anything and therefore couldn't be homophobic in effect and did no harm. Fair play, if you're going to lie, make it a big one.

Actually the looseness of the language meant that it could be argued to prevent anything homophobes in positions of power wanted to stop happening. I saw it used to block information for schoolkids who wanted to know their human rights, to bar newspapers appearing in libraries, and to silence those who wanted to support people struggling with their gender or sexuality.  Even where there was support for gay people, it was used as an excuse to defend biphobia (to paraphrase but not by much, "section 28 means we can't give help or recognition to bi people, as that would encourage straight people to become gay")


It was a populist backbench Conservative bill introduced with Labour support, leaving only the Lib Dems on the other side of the argument. The Lib Dems had slightly more MPs than they do now but were still helplessly outnumbered. Knowing it was unlikely to be stopped outright, Bermondsey MP Simon Hughes brought forward changes that would have watered the measure down, but they lacked support beyond his own party. Labour's grassroots members started pressing their party's MPs to change tack and oppose the measure, but that took some time: and even if they could be persuaded, Margaret Thatcher was sitting on a majority of 100.

And so on May 24th, 1988 it became law.  It was the post-1967 nadir of LGBT equalities in the UK, adding to a litany of inequalities: employment, age of consent, adoption, partnership recognition, pensions, housing and so on.


But it had a galvanising effect on the LGBT community, not least by giving lesbians and gay men a common cause to fight around. Like the baddy in any story, the politically active queer organisations and individuals it spawned would bring about its own downfall, and spur momentum toward the near-equality we have for LGBT people with straight cisgender people today. 


It should have been gone in 1997 when the Tories left power, as the new government had pledged to a tight spending programme but here was something positive for society that could be done at no cost. Alas Labour chose not to include repeal of Section 28 in their manifesto.  In the great tension of "what is right to do" versus "what will upset the Sun and the Daily Mail", they decided that keeping the tabloids on side was more important than childrens' lives. That meant repeal had to wait until the 2001-2005 parliament as the pro-prejudice majority in the Lords blocked repeal. As it wasn't in the manifesto, Labour felt they couldn't overrule the Lords on the subject.

It went in Scotland in 2000 though - one of the prices of coalition the Lib Dems extracted from Labour at Holyrood; in England and Wales it would stick around until 2003.

I was a teenager in 1988, and though I had newspaper cuttings about the clause on my bedroom wall I no longer remember the day the clause became law. I remember the day it went though; for a little while I thought: we have won, it is ended, I can stop fighting now. Then the next day dawned and there was still far too much wrong in the world to rest just yet.
The Daily Record is confused

The Daily Record is confused

In the Scottish Daily Record this week (24th April, publication stamped 3pm though so perhaps online only) Nicole Heaney writes about how we live in terribly modern times where,
"having an attraction to the same sex in some eyes does not make you homosexual and it does not make you bisexual. Thus meaning you can be in a relationship with a female and be attracted to males but not necessarily be bisexual. The reason for this is because you could simply not envision yourself in a relationship with the same sex."
Woah there. This is a special redefining of bisexual to mean "attracted to more than one gender and interested in relationships with everyone to whom you are attracted".

Let's consider that "not really the sexuality in question" clause applied for gay or straight people: if you were, say, going out clubbing, pulling people and having casual sex seven nights a week, and happy with this and not wanting anything "more" in your life right now... you're just kidding yourself about having a sexuality at all.  Hmmm. No. Those people are definitely gay or straight. Once you stop having a double-standard for bi, Nicole's definition of non-bi-bis comes unstuck quickly.

Then she turns to the future, which will be...
"A time when sexuality won’t be pigeon holed. A time where gay, straight, male or female will not matter and we will just have sex with whomever we are attracted to regardless of their status."

Uh-oh. We've seen this one before, haven't we? It's the same future fairytale with which Peter Tatchell invents bisexuality every couple of years without ever using the B word. (I'm skipping over the lack in the original text of whether the other person is consenting. Subeditors can do terrible things to hone down a word count, after all).

I think it conflates two ideas, one which is useful, one which is not. Some day, yes, I hope whether you are bi, gay, straight or asexual won't matter: we won't need safe spaces as an escape from biphobia and so forth. That way that the first gay pubs I went to had blacked-out windows for the safety of patrons will be a long forgotten horror. If you find out someone fancies you, you'll only have to think: do I fancy them back? Are we both single or otherwise available? Great! Let's do something about it then!

The other idea, though, is the idea that when prejudice and queerbashing are behind us as a society, labels - bi, gay, straight - will no longer be needed. I think that's a duffer. Just because it's safe to be bi or gay won't make all the people who never experienced same-sex attraction suddenly realise how attractive the people they never fancied before are. We'll still be bi, gay, straight, asexual. We just won't be raised to beat ourselves up about it. And when someone turns you down because they just aren't into girls, they'll still need words that express that. Terms like bisexual may lose their loaded values, but they are still vital concepts about how humans and human sexuality work.

Then again, the Daily Record article begins by observing that "It’s hard to believe that only some 20 years ago it was a crime to be homosexual".  It is indeed.  Not least because it wasn't - even though Section 28 had sought to make talking about it a thought-crime, homosexuality was decriminalised in Scotland in 1980, thirtyfive years ago. 

We should probably have stopped reading there.
Manchester Council takes another step in recognising bisexuality

Manchester Council takes another step in recognising bisexuality

Until not so long ago Manchester City Council had the non-existence of bisexuals as a matter of policy. No, really: in service use monitoring, equal opportunities policies and suchlike, the official line was "at those times a bisexual is lesbian or gay they are covered by those policies and at those times they are heterosexual..."

Things are improving.

They've just published the annual Communities Of Interest report, which is a kind of "here is the evidence base" document on diversity concerns for the council and for voluntary and private sector organisations they work with. This has been published for many years now, and each time has a section on LG(B)(T).

This is the first time there's been a bi section. Previously we were a subset of lesbians, which, hmmm.

Full report here. Flick past the first 64 pages and you come to:
9.3 Bisexual community
Recent research carried out by BiPhoria in Manchester has suggested that being visible, being included and being acknowledged are some of the main issues for Manchester’s bisexual community. Bisexual people can often experience discrimination from both the gay and heterosexual communities, and at an LGBT Discussion Day event, hosted by the Council in 2011, BiPhoria found that people wanted bisexuality to be referenced explicitly in literature and wanted services to engage more with the bisexual community. This has been a key action for the group since 2011. Bisexual ‘invisibility’, along with bi-erasure and biphobia are recognised as the most common challenges for bisexual people.

Biphobia may be characterised as taking four key forms:
––Similar to homophobia
––Similar to heterophobia
––Structural or institutional biphobia
––Internalised biphobia absorbed from a culture of the first three.

Manchester has one of the highest profile bisexual communities in the UK and is home to BiPhoria, and the bisexual magazine Bi Community News. As with any other group that experiences oppression, bisexual people may also encounter additional prejudice due to intersectional marginalised identities, for example bi women, black bisexuals, or bisexual genderqueer people.

Stonewall’s 2009 report ‘Bisexual People In The Workplace’ reflected that the positive impact of LGBT Staff Networks on lesbian and gay employees does not extend to bisexual staff. Research published by the EU Fundamental Rights Agency in 2013 showed that bisexual staff are significantly less likely to feel they can be ‘out’ in the workplace than lesbians or gay men:

The Bisexuality Report (Open University, 2012) reflected that these challenges for many bisexual people also extend into areas such as crime and policing, where homophobic hate crime monitoring may fail to address and recognise bisexuals’ experience of biphobia and homophobia.

It's fun to see my "four flavours of biphobia" model, albeit in very condensed form, in a council document.  It's also a bit scary to think that I wrote it about twenty years ago, citing certain Manchester City Council services as examples of institutional and structural biphobia.

Though it is frustrating that there are no specific actions for the council and its partner organisations to take up, I hope this sets a good marker down illustrating some of the key issues for bis and the evidence base underpinning those on which to build in future years.
The joy of bi groups

The joy of bi groups


One of the main ways we’ve created room for bi identities for the last thirtysome years in the UK is local bi groups; starting in September 1981 (I think?) with the London Bi Group holding its regular meetings in a gay bar, there is an unbroken thread of such things going on around Britain, whether in the corner of a pub, a function room at a bar, a meeting room at a community centre, or a café.  LBG closed down a long time ago and so the longest-running group now is BiPhoria in Manchester, which I’ve been a part of since 1994.  As it’s in its twentieth year its very existence is by now one of the ripostes to bi being “just a phase”.

It’s something we have in common with lesbian and gay communities, but it also reflects our lower level of organisation, reach and support.  We can do that first helping hand out of the gay / straight closet, but there aren’t the football teams or open-all-week bars that the gay community has.  A shame as I think the Kinsey Rangers is a crackingly cheesy name for a bisexual football team (and in the absence of a real one, I’d still love to have a fictional cartoon strip about it each issue in BCN if anyone’s up for doing that).

Looking back at listings of bi meets from the 80s and 90s and comparing them with today one of the interesting trends is the falling away of gendered bi groups.  I think it’s good that it has happened, but if it’s more than sheer chance, I’m interested as to the pressures that led to that. I get the impression that in the USA for example things have remained a lot more gender divided, but that may just be the bits of US bi culture that I happen to notice.  My best guesses are that there are at least three factors at play.  One being some persistent trans and genderqueer volunteers who came along, stuck around helping make things happen, and so forced some cis bi activists to think about things sooner. Two is that where groups are a little borderline in their existence, a mixed gender space potentially pulls in more than twice as many people, albeit then swapping one set of issues as to how the space is run for another sometimes.  And three the way it can tie in with a sense of bi mission. Picturing the Manchester bi scene in 1993 there was a bi men’s group, a bi women’s group, and at some point the penny has to have dropped for the people organising each: we’re running social spaces for people where the common factor is that gender isn’t a boundary condition for them the way it is for other people, and we’re running them in carefully gendered spaces – are we missing a point perhaps?

Certainly in gender my experience of bi groups and spaces contrasts hugely with LG / LGB spaces.  Not all bi people, groups and spaces are or have always been trans-sorted and accepting of gender diversity, but more of them are and they seem to have got there quicker than the gay scene.  It seems to have been a conversation that went on in the UK bi community in the early 1990s, whereas in lesbian and gay communities and spaces it took another ten or fifteen years – at times painful to watch from the higher moral ground of spaces that had ‘got it’ a short while before.

There’s gender difference beyond trans too, as the male/female balance of bi spaces I’ve encountered has been so much better than that of LG/LGB spaces.  There is some research suggesting there are more gay men than lesbians and more bi women than bi men.  I don’t think the research is perfect and such questions are so loaded by the wider culture that it perhaps tells us things about what words people think they can own for themselves as much as it tells us a truth about human sexuality diversity.  But that might explain why spaces that are lesbian and gay and notionally bi have a male skew that bi spaces don’t so often have.

There are those who see no need for bi groups any more: even ten years ago I found myself in conversations about how there was ‘no point’ in things like BiPhoria meeting any more as ‘it’s all fine now, people don’t have any problems’.

I’m not persuaded of that, and not just because of the statistics on bisexual people’s life experiences nor the steady stream of new people through the door of my local bi group every month. 

That’s not to say that nothing has changed though.  Where once people came to a group like BiPhoria knowing little more than the words from a poster in a bookshop or a photocopied leaflet they picked up on an outreach stall, work like the Getting Bi In A Gay / Straight World  booklet and video means a lot of new members arrive now knowing a lot more, perhaps needing a slightly different kind of a space than we had in the 1990s.  That’s good, the world has changed in so many ways and the recipe for a good bi group will change with it.

BiPhoria might still be happening from sheer force of habit, but out there in the rest of the country the desire for bi space and bi meetups has its ebb and flow but is still strong.  Last year new groups launched in Edinburgh and London, the latter one focused on bisexuals over 50.    And this winter I know of two more about to spring into life in Nottingham and Southampton.  Though the latter two are run by people I know, neither will be quite the same shape as BiPhoria.  And good luck to ’em: while there are a few ways of running a bi group that I think are wrong, there are surely a lot of ways of doing it right. The more of us who are trying the better our chances of hitting on some really good formulae.
UK Government Minister backs Bi Visibility Day

UK Government Minister backs Bi Visibility Day

It was all a bit too hectic here for me to blog about it at the time, but let's have a belated cheer for the Women & Equality Minister Jo Swinson MP (Lib Dem, East Dunbartonshire), who was the first government figure in the UK to give their support to Bi Visibility Day. 

In a statement last month on September 23rd she said,
“Absolutely no-one should face prejudice and discrimination because of their sexual orientation or gender identity.
“The UK is leading the way in LGB&T equality and we can be proud of the real progress that has been made in recent years. But we know there is more to do which is why this autumn we will launch a new Call for Evidence, to explore what the next steps need to be to improve the lives of LGB&T people.
“I welcome Bi Visibility Day which helps to raise awareness of the issues that bisexual people can face and provides an opportunity to celebrate diversity and focus on the B in LGB&T.”
We've been waiting a long time for that from a minister of any stripe.

On the same day, the Department of Culture, Media and Sport also gave a supporting tweet from its departmental account, linking to September23.bi.org.