The unfinished battle for LGBT equality

By Peter Tatchell of OutRage!

In less than decade, the government has legislated astonishing, huge improvements in LGBT human rights, such as equalising the age of consent, introducing civil partnerships, repealing Section 28, outlawing homophobic discrimination and allowing same-sex couples to adopt children.

These stunning reforms have been won in an amazingly short period of time. Centuries of homophobic laws have been wiped from the statute books since 1999. This would have never happened if the Tories had remained in power. The Labour government – and pro-LGBT MPs from all parties – deserve our praise and gratitude.

But these progressive changes are no excuse for the government’s apparent endorsement of several remaining pockets of homophobic discrimination. The battle for equal rights is not yet won.

The current Equality Bill protects against harassment, except on the grounds of sexual orientation and gender identity. The government and the National Blood Service have a blanket lifetime ban on blood donations from any man who has ever had oral or anal sex with another man – even once, 50 years ago and even if they test HIV-negative.

Same-sex marriage is still illegal. Civil partnerships are not equality. Separate laws are not equal laws. Even if, like me, you are critical of the institution of marriage, to ban LGBT couples from getting married is an act of bare-faced homophobic discrimination. It is a system of sexual apartheid. We now have a situation where lesbians and gays are banned from civil marriage (homophobia) and straights are banned from civil partnerships (heterophobia). This exclusionist two-tiered system of partnership law is not equality. It perpetuates and extends discrimination. Marriage is the gold standard. Civil partnerships are second best.

The Home Office is refusing asylum to LGBT refugees who have been jailed, tortured and raped in countries like Saudi Arabia, Iraq, Nigeria, Jamaica, Iran, Algeria, Zimbabwe and Uganda. It says they won’t be at risk of arrest and murder if they go back home, change their names, hide their sexuality and behave ‘with discretion’. Accordingly, it is ordering the deportation of LGBT refugees, despite the danger they could be imprisoned or killed on return to their home countries.

The police and the Crown Prosecution Service permit record stores and radio stations to promote CDs by homophobic reggae singers who openly advocate the murder of queers. The Home Secretary gives these singers visa and work permits. Government ministers would never tolerate similar ‘murder music’ against Jewish or black people. Why aren’t LGBT people entitled to the same legal protection?

Section 28 may have been repealed, but many schools are failing to challenge homophobic and transphobic bullying. This bullying affects both LGBT pupils and LGBT staff. For many of them, school is not a safe space. Verbal or physical abuse is experienced by around two-thirds of LGBT school kids. LGBT teachers are also often subjected to taunts, ridicule and threats by homophobic pupils. They do not always get support and back-up from other teaching staff.

Unlike racism, homophobia is still frequently tolerated in the classroom and playground. “Gay” has become a commonplace taunt. Most schools don’t bother to discipline offenders.

To its credit, the government says that the education system should challenge all forms of prejudice, to ensure that schools are inclusive, safe environments for youngsters and teachers from all backgrounds. But then it contradicted this commitment by recently exempting faith schools from its curriculum guidelines; allowing them to continue to teach sex and relationship education in accordance with their anti-gay religious values.

The reality is that too few schools of any kind impart an understanding of LGBT people and issues. The needs and welfare of LGBT pupils are rarely addressed in sex education and HIV prevention lessons. Safer sex information often ignores the specific risks faced by LGBT young people. It invariably focuses on heterosexual relationships, to the neglect of same-sex ones.

These are a few issues where the government could have overturned homophobia, but has instead chosen to maintain discrimination. The government says it is committed to LGBT equality, but on some issues it has failed to deliver.

What can you do? Protest to your MP and to the Prime Minister. Ask for their support to remedy these injustices. Together, we can and will overcome these final barriers to LGBT equality.

For more information about Peter Tatchell’s human rights campaigns visit www.petertatchell.net.