UK Allows All To Be Pardoned From Homosexuality Charges

What’s the story?

• The U.K. broadened an amnesty program that allows more people, including women, to have criminal charges they faced related to homosexuality to be expunged from their records. 
• Until now, only men could apply for pardons from outdated laws dating back to the 19th century. LGBTQ+ military veterans can also apply for convictions to be overturned.

The amnesty program

• In 2012, the U.K. created the Disregards and Pardons amnesty program to pardon those convicted under antiquated British law that criminalized gay activity. Men were allowed to apply for a pardon under a specific list of offenses.
• After the program’s expansion, anyone can apply to have their convictions or legal warnings erased from official records. Doing so will mean they no longer have to be disclosed during court proceedings or job applications. 

The history 

• Homosexuality in England and Wales was first governed in 1533 under Henry VIII’s reign. Peter Tatchell, an LGBTQ+ activist and researcher, found that between 1885 — when all sexual acts between men were outlawed — and the early 2010s, nearly 100,000 men were arrested for same-sex activity. 
• Many believe homosexuality was decriminalized in 1967 with the passing of the Sexual Offences Act. However, the legislation only repealed the maximum penalty of life in prison and left a variety of legal discriminations in place. The act extended to Scotland and Northern Ireland in the early 1980s. Gay military personnel could still be jailed until 1994. 
• The laws did nothing to stop discrimination in court, employment, housing, businesses, etc. Tatchell wrote in the Guardian: 

“In fact, repression grew much worse.”

• In 2003, the criminalization of homosexuality was repealed under the amended Sexual Offences Act, which did not take full effect until 2013. 
• Same-sex activity between women was never outlawed, but many were punished under indecency laws and greatly discriminated against. 

What they’re saying

• British lawmakers say the step is essential in righting the government’s wrongs. Prior to the new expansion, Member of the House of Lords Michael Cashman said: 

“The disregard and pardon schemes in England and Wales are significantly flawed because they encompass only a small fraction of the laws that, over the decades and centuries, have immiserated the lives of gay and bisexual people.”

• Minister for Safeguarding, Sarah Dines, said: 

“The appalling criminalisation of homosexuality is a shameful and yet not so distant part of our history. Although they can never be undone, the disregards and pardons scheme has gone some way to right the wrongs of the past…I invite all of those who were convicted or cautioned for same-sex sexual activity under an abolished offence to come forward and apply.”

• Rob Cookson, Deputy Chief Executive of the LGBT Foundation, said: 

“People should never be criminalised simply for who they are and who they love. The criminalisation of gay men made a huge, terrible impact on many people in our community. It is only right that the disregards and pardons scheme has been widened.”

How do you feel about the expansion of the amnesty program?

-Jamie Epstein

(Photo credit: Flickr/photothudd)