Thursday 24 May 2018

The spectre of Section 28 still lingers on but there's hope for better LGBTQIA+ equality in the UK...


Today marks 30 years since Margaret Thatcher decided to enact Section 28, a draconian and discriminatory piece of legislation designed to stop education professionals in schools across the UK from discussing non-heteronormative sexual orientations in the classroom (with a specific focus on stopping gay and lesbian people, including teachers from talking about their sexual orientation and life experiences with students) with the ultimate aim of reducing the “promotion” of LGBTQIA+ lifestyles. Local authorities were also prevented from such “promoting”, with libraries being forced into not stocking literature or films that contained primarily gay, bi or lesbian themes, although Jeanette Winterson's Oranges are Not the Only Fruit (1985) was a notable novel read by students and studied for GCSE and A-Level exams which allowed young people to read about the life experiences of a young lesbian growing up in a deeply religious (Pentecostal) community.

I feel I owe a huge debt of gratitude to the LGBTQIA+ campaigners who fought against the introduction of this despicable clause from the off. For example, Joe Summerlad in his article for the Independent mentions the three amazing lesbian activists, calling themselves the “Lesbian Avengers” managed to gain access to the public gallery of the House of Lords and abseiled down to the chamber, an act which gained them and the anti-Section 28 cause national attention (https://www.independent.co.uk/news/uk/politics/section-28-explained-lgbt-education-schools-homosexuality-gay-queer-margaret-thatcher-a8366741.html) Mancunians also made their feelings towards the legislation clear with the “Never Going Underground” demo which took place on the 20th February 1988, and which attracted at least 20,000 demonstrators from around the UK and had speakers including Jimmy Somerville (http://www.gayinthe80s.com/2018/02/section-28-feb-20th-1988-never-going-underground-demo/).

Thatcher used her Christian conservatism to attack openly gay and lesbian people. She never acknowledged publicly (to my knowledge) the existence of bisexual people and I don't even want to contemplate what her views towards openly non-binary trans people like me would have been. The Tories pretty much backed her all the way, claiming that it was Labour who were determined to bring pro-LGBTQIA+ books into school to challenge “traditional values”. The Tories capitalised on
on the fear rhetoric perpetuated by the right-wing press, just like the social conservatives and trans-exclusionary radical feminists do today with regards to their attitudes towards trans activists and further trans equality. As Ruth Hunt points out in her very pertinent article, “shocking levels of misinformation and scaremongering are cruelly attacking trans people's right to exist, as well as publicly questioning their identities. Deeply misleading headlines about the GRA (Gender Recognition Act 2004) and young people “being turned trans” echoes exactly the way LGB people were talked about under Section 28” (https://www.independent.co.uk/voices/section-28-school-sexuality-education-gay-lgbt-trans-rights-thatcher-a8366751.html). Editorial teams based at The Sun, Daily Mail, Daily Express, New Statesman and The Spectator in particular need to look very carefully at the way they choose articles to include in their newspapers but I'm guessing they probably won't reform their processes given their desire to provide clickbait for the right-wing masses.

I went to primary school, junior school and the first 3 years of secondary school with Section 28 still being in place in England. It's no wonder that teachers, teaching assistants and pastoral staff were reluctant to talk about being gay, bi or lesbian to students like me in front of other students because they had not had the freedom to do so in the years before I entered the state education system.
Homophobic and biphobic language was commonplace in the junior school playground and I never heard such language challenged by the playground assistants. I have no doubt that young people I knew in my classes at secondary school internalised feelings of fear and believed the stereotypes being perpetuated and it made them feel they could not be proud of their sexuality, even after they decided to come out.

LGBTQIA+ rights have improved somewhat since the repeal of Section 28 under Tony Blair's Labour Government in 2003, not least with the introduction of the Equality Act in 2010 and the Same Sex Marriage Act 2013. However, the legacy of Section 28 still lingers on today. Just Like Us, an organisation who recruit LGBTQIA+ students to go into schools to champion LGBTQIA+ equality and that has created Schools Diversity Week to “empower schools across the UK to tackle homophobia, biphobia and transphobia” have recently reported that “almost 90% of young LGBTQ people still hear homophobic language in schools and 50% self-harm” (http://www.gaytimes.co.uk/news/106845/school-diversity-week-2018/). The Stonewall School Report 2017 found that 45% of LGBT respondents (and 65% of trans respondents) have experienced bullying at school and the statistics highlight that LGBTQIA+ people of faith and people of colour are more likely to experience bullying and hate incidents whilst at school (https://www.stonewall.org.uk/school-report-2017). Meanwhile we have radical feminist dominated organisations such as Transgender Trend who claim they are “gender critical” advocating for trans people not being given the opportunity to talk about their life experiences in school for fear of “turning children trans” (an out and out lie on their part) and we have some education professionals who have a socially conservative mindset still fiercely resisting calls to introduce LGBTQIA+ Relationship and Sex Education (RSE) into all schools in England. They cite freedom of conscience, religion and expression as a legitimate basis for their objections. Yet in their efforts to defend “traditional British values”, they fail to acknowledge the liberal, modern values that we should all possess, either as British Citizens or residents of the UK or as I like to think, as Citizens of the World. Compassion and love of diversity are values central to a liberal, progressive outlook. So are tolerance and reverence for the Rule of Law. Any programme that can reduce instances of hate incidents and hate crime motivated by homophobia, biphobia and transphobia should be endorsed wholeheartedly. Any programme that promotes love and understanding for one another over misinformation and mistrust is one that I cannot help endorse as a Lutheran Christian. Yet worrying evidence collated by Dr Laura Watt and Professor Mark Elliot from the National Survey of Sexual Attitudes and Lifestyles carried out by 1990 and 2010 have shown that acceptance of same-sex relationships percentages has slowed down since 2000, with 60% of 16-44 year olds who attended at least 1 religious service a week viewing homosexuality as always wrong when asked in 2010 (only down by 8% from 1990 figures) (http://www.manchester.ac.uk/discover/news/peak-acceptance-of-homosexuality/).
Demonstrating freedom of conscience and expression, the things that religious conservatives bang on about so often means that every student has the right to explore diverse life experiences through finding out about LGBTQIA+ role models. Students of all ages have the right to explore their own feelings towards sexuality and gender through access to age-appropriate RSE sources. Just as students should have the opportunity to find out about multiple faiths in their Religious Education lessons, free from teacher judgment/bias. To me therefore it is illiberal for social conservatives to even object on the grounds of conscience or religion to LGBTQIA+ people being encouraged to come into local schools and talk about their life experiences, just as it would be illiberal to object to faith representatives coming into schools to talk about their experiences.

Numerous organisations have highlighted the lack of LGBTQIA+ RSE within the PSHE curriculum post the repeal of Section 28. A survey by Stonewall found that only 13% of respondents had learned about healthy same-sex relationships, 1 in 5 had learned about consent law in relation to same-sex relationships and 20% have learnt about keeping themselves safe in same-sex experiences. Fewer students have learned about trans people's experiences of sex. As for exploring asexual (ace) experiences in the classroom, very few teachers have the awareness necessary to facilitate discussions, despite more young people coming out openly as ace whilst at secondary school (although much more research needs to be conducted to highlight this).

There are increasing numbers of LGBTQIA+ graduates entering the teaching profession and education sector as a whole and an increasing number of teachers coming out. Teach First has collated data on the number of LGBT+ teachers between 2014 and 2018 and found there had been a 4% increase. The Independent (who has really led the way on coverage of LGBTQIA+ issues I think) has an article where several LGBT teachers who have been part of the Teach First programme talk about what actions they have taken to improve awareness inside the classroom. For example Laura, a teacher based in London decided to hold LGBT+ assemblies, run clubs, and taken her sixth form students to London Pride to march. I love Laura's passion for empowering her students to be positive about their own sexuality and gender identity and agree with her that her students “will continue to strive for a more accepting and equal society (https://www.indy100.com/article/lgbt-teachers-section-28-sexuality-education-schools-8363746).

It's great that we now have more role models like Laura for students to look up-to but there still needs to be changes to attitudes in the workplace to ensure that trans, non-binary, genderqueer, gender-fluid, and agender people feel they can enter and thrive in the teaching profession. A real-time poll, carried out by the NASUWT of attendees at their LGBTI Teachers' Consultation Conference, held in Birmingham (https://www.nasuwt.org.uk/article-listing/not-doing-enough-to-promote-lgbti-equality-.html) found that:
  • 43% of respondents have experienced discrimination, bullying, harassment, or victimisation in the last 12 months because of their LGBTI identity
  • 29% of respondents stated that levels of anti LGBTI bullying and language have increased or stayed the same in their school in recent years
  • 86% of respondents said they do not believe that the Government is doing enough to communicate the importance of LGBTI equality to schools and colleges
  • 56% of respondents said their school wasn't committed to LGBTI equality for staff and pupils
  • 4% of respondents said their school had a programme of activities to mark LGBT month
  • 1/3 of respondents said their school or college wasn't a safe space for LGBT teachers
  • 49% of attendees said they wouldn't recommend teaching as a career to families or friends.
In the same vein, a 2018 British Social Attitudes survey found that whilst over 8 in 10 British people described themselves as not being “prejudiced at all” towards trans people, only 4 in 10 had said that trans people who had the qualifications needed to become a primary school teacher should “definitely be” employed in that role (http://www.natcen.ac.uk/blog/how-do-british-people-feel-about-transphobia-and-transgender-issues). This is concerning and highlights the work that needs to be done to debunk stereotypes that have pervaded about trans people and the interactions they may have through positive engagement work with governors and parents in schools.

It must be remembered that schools and colleges (and local authorities for that matter) are bound under the Equality Act to help improve LGBT+ equality. Under the Public Sector Equality Duty, schools must ensure they pay “due regard to the need to eliminate discrimination, harassment, victimisation and any conduct that is prohibited under the Act; to advance equality or opportunity between those who share a protected characteristic and those who do not and to foster good relations between people who share a protected characteristic and those who do not” (https://www.churchofengland.org/sites/default/files/2017-11/Valuing%20All%20God%27s%20Children%27s%20Report_0.pdf). If schools and colleges do not adhere to this Duty, they can face enforcement action brought by the Equality and Human Rights Commission. So what more could be done by schools to further fulfill the Public Sector Equality Duty? Well for starters, every school needs to check their Equal Opportunities/Equality and Diversity policy to ensure they are trans-inclusive. A specific commitment to tackling homophobic, biphobic and transphobic bullying should be contained within the Anti-Bullying policy. Forms should be reviewed to ensure students can reflect their identity openly but only information that is absolutely necessary should be collected. An Equality and Diversity steering group with student representatives would be a great way of reviewing and amending such policies.

Teachers should feel empowered to follow clearly defined procedures in the event of students using persistant transphobic language in the classroom and address that language as soon as they hear it. There should be LGBTQIA+ clubs available to students to attend at lunchtime or after school with activities, support and advice being offered.

Access to training on trans awareness should be available to all members of staff and volunteers as part of their Continuing Professional Development, with that training being delivered by qualified and experienced people. Stonewall, Gendered Intelligence are examples of organisations that have offered very effective training but there are a diverse range of trainers located across the UK, including those who are trans, non-binary, genderqueer, gender-fluid or agender who could be counted upon to deliver appropriate training. Members of the community who are LGBTQIA+ should be invited to deliver assemblies, attend RSE/PSHE lessons and/or work with students on Pride celebrations.

RSE and PSHE leads should have the opportunity to attend LGBTQIA+ specific conferences and network with organisations so they can have access to the research and support network they need to deliver truly LGBTQIA+ inclusive RSE. I hope more conferences will be created for RSE professionals as the subject is made a statutory part of the curriculum from next September.

Making provisions to celebrate key awareness days and awareness weeks would also help to raise the profile of LGBTQIA+ people in schools (aside from LGBT month in February).
A list of key dates that I'm aware of are listed below:

  • Zero Discrimination Day: March 1st
  • International Transgender Day of Visibility: March 31st
  • Lesbian Visibility Day: 26th April
  • International Day Against Homophobia, Biphobia and Transphobia: May 17th
  • School Diversity Week: July 2nd-8th
  • Bisexual Visibility Day: September 23rd
  • Asexual Awareness Week:
  • National Coming Out Day: October 11th
  • Hate Crime Awareness Week: October 15th- 22nd
  • Intersex Awareness Day: October 26th
  • Intersex Day of Remembrance/Intersex Solidarity Day: November 8th
  • Transgender Awareness Week: (Second week of November)
The results of the LGBT survey, commissioned by the Government last year and which has had over 100,000 responses is due to be released in a few weeks time. PM Theresa May has promised to create a strategy designed to reduce the prevalence of homophobia, biphobia and transphobia and advance LGBTQIA+ rights. I hope that such a strategy will include more funding for trans awareness training in schools, statutory LGBTQIA+ inclusive RSE guidance and a move towards self-identification of legal gender. A bold approach is needed if society is to continue the fight to improve LGBTQIA+ rights and equality in the UK. Let's hope those changes I've highlighted above will spearhead that bold approach.


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