Over the last 500 years, the law and rights of the LGBTQ+ community in the United Kingdom have changed dramatically. To this day, discussions and debates surrounding LGBTQ+ justice and injustice continue to happen. This timeline provides an overview of some of the key events in the history of LGBTQ+ justice.
1533: The Buggery Act.
The ‘Buggery Act’ was the first law introduced into the UK that criminalised homosexuality. Passed during the reign of King Henry VIII, the act made ‘sodomy’ a legal offence, punishable by death. Although the act did not only target homosexuality (this law also applied to sexual relations between a person and an animal), relations between two men or two women were the most common and publicised convictions.
1828: The Offences Against the Person Act.
Also known as ‘Lord Lansdowne’s Act’ after the man who proposed it, the ‘Offences Against the Person Act’ attempted to streamline the legal processes in the UK. Eight ‘omnibus’ statutes were created, essentially a collection of laws, which abolished the Buggery Act 1533. This new collection of laws targeted male same-sex activity, whereas previous laws applied to both men and women.
Homosexuality between men remained punishable by death until an updated version of this act was released in 1861. The punishment was then replaced with 10 years imprisonment.
1835: The Last Men Executed for homosexual acts in the UK.
James Pratt and John Smith were executed on the 27th November 1835. A chance encounter at an ale house in London brought the pair together, along with another man, William Bonill. The three men became fast friends and Bonill would eventually invite them back to his rented apartment in Southwark, London.
The landlords of the apartment, George and Jane Berkshire, disapproved of the company their tenant kept and so began spying on him through the keyhole of the property. Allegedly, Jane Berkshire had witnessed Pratt and Smith engaging in homosexual acts, despite the majority of the testimony being considered “anatomically impossible”.
Although he was not present, William Bonill was also arrested and found guilty of accessory to the crime. He was sentenced to 14 years transportation to Australia. Their arrest, trial and sentence were all carried out within three months of the men meeting each other.
1866: The Legal Definition of Marriage is given.
This came after the case of ‘Hyde v. Hyde’ in which John Hyde, an English Mormon, brought an action of divorce against his wife, Lavinia, for adultery. During the trial, Lord Penzance, who was hearing the trial, stated “I conceive that marriage, as understood in Christendom, may for this purpose be defined as the voluntary union for life of one man and one woman, to exclusion of all others”.
Although this ruling had nothing to do with homosexuality, the legal precedent set would have lasting implications on marriage equality for over 100 years.
1885: Criminal Law Amendment Act (introduction of Section 11).
‘The Criminal Law Amendment Act’ introduced by Liberal MP, Henry Labouchere, introduced Section 11, making all homosexual acts of ‘gross indecency’ illegal, whether in public or in private. Previously, it had only been homosexual intercourse between men that had been a punishable offence. Now, any act was to be punishable by law.
The act gave provisions for a term of two years imprisonment, with or without hard labour, for men found guilty of gross indecency.
It was under this act that Oscar Wilde was sentenced to two years of hard labour and Alan Turning was sentenced to oestrogen injections (chemical castration). Many others were convicted and punished under this law.
1921: Attempt to make sexual acts between women illegal.
Three MPs attempted to add a new clause to the ‘Criminal Law Amendment Act 1921’, making acts of ‘gross indecency’ also illegal between women. The clause never made it to law, being rejected as there were fears that the law would draw attention to the offence and encourage women to explore their sexuality.
The House of Parliament maintained a Victorian ideal of women’s sexuality, that of being passive and non-existent. To members of Parliament, the concept of two undesiring created being involved in sexual activity was unspeakable. It was far easier for them to ignore it, which they did.
1957: The Wolfenden Report.
A landmark report in the history of LGBTQ+ Justice, the Wolfenden report was created to investigate the legality of homosexual acts, as the number of criminal cases of homosexuality had risen to over one thousand a year. Created by the Wolfenden Committee, the report was based on meetings and interviews with gay men willing to give evidence.
The committee recommended the decriminalisation of gay sex between consenting adults over 21, except for those in the armed forces. The report stated: “There must remain a realm of private morality and immorality which is, in brief and crude terms, not the law’s business”.
In a move which would have lasting ramifications, James Adair, a committee member from Scotland disassociated himself from the committee’s recommendations. Adairs would play a crucial role in excluding Scotland from implanting the changes recommended by the Wolfenden committee into law. It wouldn’t be until 1980 that these changes would also be brought to Scotland.
1967: The Sexual Offences Act.
For the first time in nearly 400 years, homosexual acts were decriminalised in the UK. One of the first big stepping stones in law reform for LGBTQ+ equality, the bill permitted homosexual acts between two consenting adults over the age of 21, taking onboard the recommendations of the Wolfenden Report. Despite this step forward, it wouldn’t be until 2001, nearly 35 years later, that the rights of gay men would be treated equally with heterosexual acts.
1972: The First UK Pride March.
On the 1st July 1972, a ‘carnival parade’ was held from Hyde Park to Trafalgar Square in London. Between 300 – 1,000 people attended the event. Inspired by the 1969 Stonewall Riots in America, this parade was billed as ‘Gay Pride’.
One of the organisers said about the march: “Our aim was to show that we were proud, not ashamed. Determined to come out of the shadows and stand up for our rights, we wanted to make ourselves visible and demand LGBT liberation”.
1988: Section 28 Introduced.
Part of the ‘Local Government Act 1988’, Section 28 stated ‘A local authority shall not intentionally promote homosexuality or publish material with the intention of promoting homosexuality’. Local authorities were also not permitted to ‘promote the teaching in any maintained school of the acceptability of homosexuality as a pretended family relationship’.
This legislation had widespread effects. Anti-LGBTQ+ bullying is still high today, with 52% of pupils reporting hearing homophobic slurs frequently at school.
This bill was the catalyst for the creation of the Stone Wall organisation in 1989, which campaigned against it until the act was repealed in 2003.
1998: The Human Rights Act and ECHR.
The UK signed the ‘European Convention on Human Rights’ in 1998, which paved the way for further LGBTQ+ equality reforms to be passed in Parliament. Under this convention, no person was to be discriminated against on any grounds such as sex, race, skin colour, language, religion, political or other opinions, national or social origin, association with a minority, property, birth, or other status.
The passing of this bill allowed the passing of the Gender Recognition Act, beginning the journey towards trans equality.
2002: The Adoption and Children Act.
The Adoption and Children Act gave same-sex couples the right to adopt a child. Before this, same-sex couples or unmarried heterosexual couples could not adopt or foster children. The government stressed this was not a “gay right” but was to ensure as many children as possible could have a stable family environment.
2003: Section 28 repealed.
After Scotland had already achieved this, three years prior; England, Wales and Northern Ireland repealed Section 28.
Objections towards Section 28 had continued to rise, sparking large campaigns for it to be repealed. Along with organisations such as Stonewall, influential public figures such as Hellen Mirren, Alan Moore and Clair Raynor openly opposed Section 28.
2004: Civil Partnerships Act/Gender Recognition Act.
Civil Partnerships Act:
This act allowed same-sex couples to get legal recognition of their relationships. Announced in the Queen’s speech, Civil Partnerships gave same-sex couples the same rights as married couples, including the ability to exercise parental responsibility.
The Gender Recognition Act:
‘The Gender Recognition Act 2004’ allowed transgender people to have their gender identity legally recognised and to get a new birth certificate. Transgender individuals would first apply to receive a Gender Recognition Certificate (GRC), which also entitled them to get married or form a civil partnership in their affirmed gender.
2007: The Equality Act (Sexual Orientation).
In a big change from the implementation of Section 28, the ‘Equality Act 2007 made it illegal to discriminate against someone based on their sexual orientation. This included provisions for the workplace, public services (including healthcare), transport, club and association membership, or contact with public bodies.
2008: Human Fertilisation and Embryology Act.
This allowed same-sex couples to be recognised as the legal parents of children conceived through sperm, egg or embryo donation. This was a result of contradictions in the law in the ‘Equality Act 2007’, where fertility clinics required there to be a father when considering a patient’s case to have a donation. This went against the provision from the ‘Equality Act 2007’, which stated ‘no discrimination based on sexual orientation’.
2010: The Equality Act 2010.
The ‘Equality Act 2010’ expanded the provisions set out in 2007, this time to protect people from discrimination based on nine protected characteristics. These characteristics include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
2013: The Marriage (Same-sex couples) Act.
Same-sex couples would now be legally able to get married in England and Wales. This act enabled religious organisations to opt in to marry same-sex couples according to their rites. It also allowed civil partners to convert their partnership into a marriage and for someone to change their gender without having to end their marriage first.
A statement from the government said: “The government believes that we should not prevent couples from marrying unless there are very good reasons – and loving someone of the same sex is not one of them”.
2017: The ‘Turing Law’.
The ‘Turning Law’ was given the name after the royal pardon of the codebreaker Alan Turing, in 2013. This law introduced pardons for men with historic convictions relating to homosexuality. People still alive would have that conviction ‘disregarded’. This required the person in question to apply, as this wouldn’t be carried out automatically.
People who had passed away would be given an automatic, post-humorous pardon. In 2022, extensions to this act included anyone officially warned or convicted of an abolished offence relating to historic laws.
2022: Scotland Gender Recognition Bill.
On the 22nd December 2022, Scotland passed the ‘Scotland Gender Recognition Bill’ by a majority of 86 votes to 39. This reform planned to reduce the minimum age a person could apply for a ‘Gender Recognition Certificate’, from 18 to 16. There were also proposed changes to the application process for a GRC, which had been criticised in recent years for being overly wordy and complicated.
The Equality and Human Rights Commission recommended that Scotland not move forward with planned reforms to the ‘Gender Recognition Act’.
2023: UK Government blacks Scottish Gender Reform Bill.
In the first veto of a devolved bill since Queen Anne refused assent of the Scottish Militia Bill in 1708, the UK government struck down the ‘Scotland Gender Recognition Bill’. This was a monumental decision and was the first time that the devolved Scottish government hadn’t seen a law pass since 1999.
On the 21st April 2023, a request was submitted by the Scottish Government for a judicial review of the UK government’s decision.
As of January 2024, no progress has been made, with members of the Scottish Parliament still waiting for the judicial review process to begin.