2000 Scottish Government repeals Section 28

2000 Scottish Government repeals Section 28.

In 2000, the newly established Scottish Parliament made the historic decision to repeal Section 28 (known as Section 2A in Scotland), making it the first part of the UK to abolish the controversial law. 

Key Details of the Repeal

• Legislative Vehicle: The repeal was achieved through Section 34 of the Ethical Standards in Public Life etc. (Scotland) Act 2000.
• The Vote: On June 21, 2000, MSPs voted 99 to 17 in favour of repeal, with the Scottish Conservatives being the only party to vote against it.
• Effective Date: The repeal became law in Scotland in July 2000 and officially took effect in March 2001. England and Wales did not follow suit until November 2003. 

The Conflict: “Keep the Clause” vs. Repeal 

The move to repeal sparked what has been described as Scotland’s “first culture war,” characterized by intense public and political debate: 

• Opposition: The “Keep the Clause” campaign was bankrolled by Stagecoach founder Brian Souter and backed by the Catholic Church and the Daily Record.
• Private Referendum: Souter funded a private postal ballot in early 2000. Of the 3.9 million papers sent, 1.2 million were returned, with 86.8% voting to keep the law.
• Government Stance: The Scottish Executive, led by Communities Minister Wendy Alexander, dismissed the poll as a “glorified opinion poll” due to low turnout and flawed methodology.
• Compromise: To appease opponents, the government introduced new statutory guidance for teachers that emphasized the “value of stable family life” and the “importance of marriage” in children’s development. 

Impact and Legacy

Section 28, introduced in 1988 under Margaret Thatcher, prohibited local authorities from “intentionally promoting homosexuality” or teaching it as a “pretended family relationship”. 

• Chilling Effect: While never resulting in a criminal prosecution, the law created a “chilling effect” in schools, where teachers feared discussing LGBT issues or supporting bullied students.
• Watershed Moment: The repeal is viewed as a landmark moment for the devolved Scottish Parliament, signalling its willingness to pursue a distinct, progressive social agenda from Westminster.
• Progress: It paved the way for future LGBT equality measures in Scotland, including civil partnerships (2004), equal marriage (2014), and the 2018 commitment to LGBT-inclusive education across all schools.

The 2000 repeal of Section 28 (Section 2A in Scotland) triggered a polarized and intense community reaction often described as Scotland’s first significant “culture war”. 

Opposition: “Keep the Clause” 

The opposition was a well-funded coalition of religious and business interests that utilized high-profile public campaigns. 

• Keep the Clause Campaign: Bankrolled by Brian Souter (Stagecoach founder) with approximately £2 million, this campaign used street billboards and full-page newspaper ads to mobilize opposition.
• Religious Leadership: Cardinal Thomas Winning of the Catholic Church was a vocal opponent, alongside committees from the Church of Scotland and groups like the Evangelical Alliance. They argued that repeal would expose children to “inappropriate materials” and undermine traditional family values.
• Private Referendum: Souter funded a private postal ballot in 2000. While 86.8% of those who voted favoured keeping the law, the exercise was widely dismissed by the government as a “glorified opinion poll” due to its low turnout (roughly one-third) and flawed methodology.
• Media Support: Tabloid newspapers, particularly the Daily Record, ran aggressive headlines warning of “Gay Sex Lessons” in schools, fuelling public anxiety.

2026EXP