The Legalisation of Homosexual Relations (AQA A-Level History): Revision Notes
The Legalisation of Homosexual Relations
The Wolfenden Report and early responses
The Wolfenden Report of 1957 recommended that consenting adult homosexuals should be permitted to have sex in the privacy of their own homes. This represented a departure from previous thinking: people were beginning to understand that homosexuality was not an illness requiring cure, and that imprisonment was not an appropriate response. The report was supported by The Daily Mirror, The Times, and The Manchester Guardian, but most dailies and weekend press dismissed its recommendations. The Sunday Express labelled it a 'pansies' charter'.
Importantly, Wolfenden was not proposing full equality, merely acceptance. This moderate approach reflected the cautious nature of social reform in 1950s Britain, yet even this limited proposal would take another decade to become law.
The Sexual Offences Bill would not become law for another decade.
The campaign for reform
Following publication of the Wolfenden Report, a group of distinguished individuals formed the Homosexual Law Reform Society to advocate for implementation of the report's recommendations. Their campaign involved parliamentary debate, pamphlets, and public meetings. However, the Conservative government showed no intention of acting on any of these proposals.
The reforming movement was able to exploit the changing mood of the country to maintain pressure for change.
Changing public attitudes
Historian Sandbrook argues that around the time of Wilson's 1964 election victory, public attitudes towards science and scientists were characterised by respect. Homosexuality was increasingly viewed as a medical problem requiring a medical solution, rather than a criminal matter.
Shifting Perspectives
Opinion polls indicated a softening of attitudes towards homosexuals: they were now seen as people deserving pity and treatment rather than imprisonment. This shift from viewing homosexuality as a crime to viewing it as a medical condition represented a significant change in public consciousness, though it still fell short of full acceptance.
Religious attitudes were also shifting, with public support for reform coming from the Bishops of Bristol, London, St Albans, Birmingham, and Exeter.
The 1966 bill
Leo Abse, alongside Lord Arran, became the main promoters of a new bill introduced in July 1966. Abse reasoned that while most sections of society were seeing a relaxation in attitudes towards sex, homosexual men were not being treated with the same open-mindedness.
Opposition to the bill
One major concern was the fear that older men would prey on younger men, particularly teenagers. Abse addressed this by proposing that the age of consent should be 21, thereby excluding teenagers from the bill and securing around 60 sympathetic Conservative members.
Strategic Compromise
For George Brown, avoiding corruption of the young was of paramount importance, which is why he opposed the bill. The decision to set the age of consent at 21 was a crucial strategic compromise that addressed these concerns while maintaining enough support for the bill to progress. This was significantly higher than the heterosexual age of consent, reflecting continued concerns about homosexuality.
Further opposition came from those who continued to view homosexuality as immoral.
Jenkins' role and parliamentary passage
Roy Jenkins, as Home Secretary, was essential to the bill's success. He wrote that it would not have passed 'had not I or someone of a similar mind been Home Secretary'. Jenkins provided both time and authority.
The Challenge of Private Member's Bills
Most Private Member's Bills failed because the government was unwilling to allocate time for debate. Jenkins promised that this bill, along with other liberal Private Member's Bills, would be given sufficient time for debate. This governmental support was crucial to overcoming the typical obstacles faced by such legislation.
This was not always at the most convenient points in the day: the bill was completed between 10.00 p.m. and 6.00 a.m. on 3 to 4 July.
From the Despatch Box, Jenkins could deploy his considerable influence behind the bill, making its passage almost certain. There was some opposition in the Lords, but without the worry of having to be re-elected, the peers passed the bill and it became law on 27 July 1967.
Geographical limitations
Limited Scope of the Reform
The law applied only to England and Wales. Opposition in Scotland and Northern Ireland was too strong. Homosexuality only became legal in the 1980s in these two parts of the UK. This geographical limitation highlighted the uneven pace of social reform across the United Kingdom.
Homosexual men greeted the law with relief, as they could now live their lives without fear of criminal prosecution.
Key Points to Remember:
- The Wolfenden Report (1957) recommended decriminalisation, but faced widespread press opposition and took a decade to become law.
- Changing public attitudes around 1964 were influenced by greater respect for science and medicine, leading to homosexuality being viewed as a medical rather than criminal issue.
- Leo Abse and Lord Arran introduced the 1966 bill, with Abse setting the age of consent at 21 to address concerns about corruption of youth and secure Conservative support.
- Roy Jenkins' role as Home Secretary was crucial: he provided parliamentary time for debate and used his authority to ensure the bill's passage.
- The Sexual Offences Act (27 July 1967) applied only to England and Wales; Scotland and Northern Ireland did not decriminalise homosexuality until the 1980s.