1980 Sex in private between two men over 21 legalised in Scotland

1980, – Sex in private between two men aged 21+ legalised in Scotland.

Male same-sex sexual activity was legalised in Scotland on February 1, 1981, exactly 13 years and six months after it was partially decriminalised in England and Wales. 

Key Legal Milestones,

• Decriminalisation (1981):, The Criminal Justice (Scotland) Act 1980, (Section 80), partially decriminalised consensual sex between two men in private. However, it initially set the age of consent at 21, significantly higher than the age of 16 for heterosexual couples.
• Lowering the Age of Consent (1994):, The age of consent for men was reduced from 21 to 18.
• Equalisation of Consent (2001):, Following rulings from the European Court of Human Rights, the age of consent was finally equalised at 16 for all sexual acts.
• Removal of “Gross Indecency” (2009):, The Sexual Offences (Scotland) Act 2009 modernized the law, removing discriminatory “gross indecency” offences, and replacing them with gender-neutral legislation. 

Reasons for the Delay.

Scotland was excluded from the original 1967 Sexual Offences Act due to several factors:, 

• Religious Opposition:, Influential elements within the Church of Scotland argued that the only legitimate context for sex was lifelong marriage between a man and a woman.
• Legal Resistance:, Some Scottish lawyers argued against reform on the basis that Scotland’s legal system was already more “lenient” than England’s, claiming prosecutions were rarer and therefore new legislation was unnecessary.
• Minority Reports:, During the original Wolfenden Committee review in 1957, Scottish member James Adair issued a dissenting report, arguing that decriminalisation would lead to “moral turpitude” and public disgust. 

Redressing Historical Injustice.

• The “Turing Law” and Pardons (2018):, In June 2018, the Scottish Parliament passed the Historical Sexual Offences (Pardons and Disregards) (Scotland) Act. This law issued an automatic formal pardon to all men convicted under defunct discriminatory laws.
• Disregard Scheme:, Beyond the symbolic pardon, living men can apply for a formal disregard, which removes these historical convictions from their official criminal records entirely. 

The LGBTQIA+ community’s response to the legal changes in Scotland was a mix of continued campaigning, galvanised activism, and the formation of new support networks, to fight ongoing discrimination and social prejudice. The initial legalisation in 1981 was seen as a victory, but the subsequent inequalities and the introduction of Section 28 fuelled further decades of protest. 

Response to the 1981 Decriminalisation.

The partial decriminalisation of male same-sex sexual activity in the Criminal Justice (Scotland) Act 1980 was a significant milestone, seen by some at the time as the “most significant victory for the Scottish gay community in ten years”. 

However, the response was measured because the law still imposed restrictions not placed on heterosexual individuals, specifically:, 

• A higher age of consent for men (21 vs. 16).
• The continued illegality of sexual acts if more than two people were present, even in private.
• The general climate of social stigma, and legal status, of same-sex relations meant many people felt forced to hide their sexuality. 

Organisations like the Scottish Minorities Group, (SMG), later the Scottish Homosexual Rights Group, (SHRG), gave voice to the community during the 1970s and 80s, continuing to campaign for full equality. 

Response to Ongoing Discrimination (Section 28 and Age of Consent).

The period following 1981 saw a major backlash with the introduction of Section 2A, (known as Section 28 in England and Wales) in 1988, which banned local authorities from “promoting homosexuality” in schools. This legislation had a huge chilling effect, making many feel marginalised and ashamed. 

The LGBTQ+ community was galvanised into action as a result:, 

• New campaign groups were founded, including Stonewall, and the Equality Network in Scotland.
• Protests were organised, such as the “Lark in the Park”, (Scotland’s first Pride-like festival) in Edinburgh in 1988.
• A “bin the ballot” campaign was run by LGBTQIA+ organisations in response to a flawed private “referendum” organised by opponents of repeal, which was widely considered a farce. 

The eventual repeal of Section 2A in Scotland in 2000, (three years earlier than in England and Wales) was a significant moment, signalling a new era of respect and dignity. 

Response to the 2018 Pardons Act.

The community welcomed the Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018, which provided an automatic formal pardon to men convicted under defunct discriminatory laws. 

• Positive, but symbolic:, Campaigners and support groups highlighted the importance of this official acknowledgement of the wrongfulness and discriminatory nature of past laws.
• Focus on practical impact:, Organisations emphasised the practical aspect of the “disregards” scheme, which allows men to apply to have these convictions removed from disclosure checks, bringing comfort and closure to those affected.
• First Minister’s Apology:, The accompanying unqualified apology from First Minister Nicola Sturgeon was a powerful statement that was well-received by the community, acknowledging the “hurt and harm” caused by the state.

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