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- SCHOOLS
ESCAPE CLAUSE 28
- IN
'GAY BAN' FIASCO
The
Sunday Times (London) May 29 1988
By
Brian Deer, Social Affairs Correspondent
CLAUSE
28, the controversial law intended to ban the
promotion of homosexuality by public authorities does
not affect schools, government officials admitted
this weekend. Teachers and governors can ignore the
legislation, which came into force last Tuesday.
This
surprising twist in the year-long battle over the
clause, which saw lesbians abseiling into the House
of Lords and disrupting BBC Television news, is
certain to infuriate its supporters. They introduced
the clause specifically in order to stamp out what
they regard as gay propaganda in the classroom.
Under
the clause, which is technically section 28 of the
Local Government Act 1988, a council may not
"promote teaching in any maintained school of
the acceptability of homosexuality as a pretended
family relationship".
But
the clause will make no difference to teachers
because sex education is not the responsibility of
councils. Since 1986, sex education and curriculum
policies have been for school governors to decide,
following advice from Kenneth Baker's Education
Department.
A
formal acknowledgement that clause 28 does not cover
schools has been issued in unpublicised new guidance
from the Department of the Environment, which is
responsible for overseeing town halls. It was
confirmed this weekend by the Department of Education
and Science.
"Section
28 does not affect the activities of school
governors, nor of teachers," the environment
department circular states. "It will not prevent
the objective discussion of homosexuality in the
classroom, nor the counselling of pupils concerned
about their sexuality."
Bodies
representing the town halls expressed delight over
the fiasco. "Teachers can now do whatever they
would have done irrespective of this act," Iain
Roxburgh, assistant secretary of the Association of
Metropolitan Authorities, said.
Pressure
for the clause came mainly from backbench
Conservative MPs, who argued that some left-wing
councils and teachers were indoctrinating young
people with homosexual ideas. Education was the
focus, with publications such as the now notorious
book, Jenny Lives with Eric and Martin, produced as
evidence.
Dame
Jill Knight, Conservative MP for Birmingham Edgbaston
and a key supporter of clause 28, was outraged by the
news and pledged a new campaign. "This has got
to be a mistake. The major point of it was to protect
children in schools from having homosexuality thrust
upon them," she said.
But
Education Department officials this weekend confirmed
the Environment Department ruling and expressed
surprise that the respective duties of local
authorities and governors were not better understood.
Education
circulars based on the 1986 act stipulate merely that
governors should ensure teachers do not
"advocate" homosexuality or present it as
the "norm".
These
earlier rulings are defended by the Education
Department as adequate. "The government, through
the Department of Education and Science, has already
attacked the problem through the 1986 act," one
official said. "You are pushing at an open door
as far as we are concerned."
There
is now some confusion about what remains effective in
the new law. Lesbian and gay organisations have
protested that works of art or literature and
counselling services may be hit by a phrase in the
clause which says councils may not
"intentionally promote homosexuality".
But
the Environment Department ruling on these suggests
that such fears may also be groundless. "So long
as they are not setting out to promote homosexuality
they may, for example, include in their public
libraries books and periodicals about homosexuality,
or written by homosexuals, and fund theatre and other
events which may include homosexual themes."
Gay
activists said this weekend that clause 28 supporters
may have scored an own goal. "Putting clause 28
through parliament was one of the greatest promotions
of homosexuality we have ever seen."
| brian deer |
Copyright,
Times Newspapers Ltd. All rights reserved. No portion
of this article on the Clause 28 anti-gay law may be
copied, retransmitted, reposted, duplicated or
otherwise used without the express written approval
of the copyright owner. Responses, information and
other feedback are appreciated - via Brian Deer's
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