The repeal of Section 28: it ain't over 'til it's over

Abstract

Section 28 (part of the Local Government Act of 1988) was a notorious piece of legislation that sought to prevent local education authorities in the UK from ‘promoting homosexuality’. The effect of Section 28 was to create uncertainty and fear among teachers as to what was (and what was not) permitted in schools. Over time practitioners and policy‐makers have become increasingly concerned about the failure to address the range of sexualities [i.e. lesbian, gay, bisexual and transgendered (LGBT)] that children bring to the classroom. While the Section was repealed in Scotland in 2000 and in England and Wales in 2003, we suggest that the negative effects of Section 28 may yet remain. We present questionnaire data from 39 secondary school teachers in Wales. The results indicate that nearly half of the sample remained unaware of the repeal of Section 28. A smaller, but still substantial, proportion agreed that Section 28 still affected their practice in schools. Importantly, this included teachers who were also aware of the repeal of the Act. We suggest that the continuing effects of Section 28 need to be understood in the wider context in which it was enacted, and the more general uncertainties and discomforts around doing LGBT issues in schools.

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