Keith Mack
The UK's history of LGBTQ+ rights has been a complex mixture of pain, resistance, and progress. While it has never been illegal to be gay, sex acts between men have been punishable at various times throughout history. The Buggery Act of 1533, introduced by Henry VIII, criminalised same-sex intercourse for the first time in England, with a potential death sentence. The last two men hanged for sodomy in England were James Pratt and John Smith in 1835. In 1885, all other sexual acts between men were outlawed, and in 1967, the Sexual Offences Act partially decriminalised homosexuality and repealed the death penalty for anal sex. However, the remaining anti-gay laws were enforced more aggressively, and nearly 100,000 men were arrested for same-sex acts between 1885 and 2013. In 2003, the gross indecency law of 1885 was finally repealed, and in 2013, criminalisation of homosexuality in the UK officially ended.
| Characteristics | Values |
|---|---|
| Year anti-gay laws were abolished | 2013 |
| Year Section 28 was introduced | 1988 |
| Year Section 28 was repealed | 2003 |
| Year same-sex relationships were legally recognised | 2005 |
| Year the Merchant Shipping (Homosexual Conduct) Act was passed | 2017 |
| Year the gross indecency law was repealed | 2003 |
| Year anti-gay laws were repealed in Scotland | 2009 |
| Year anti-gay laws were repealed in Northern Ireland | 2008 |
| Year the Buggery Act was introduced | 1533 |
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What You'll Learn
The Buggery Act of 1533
The Buggery Act was used by Henry VIII to execute monks and nuns and confiscate their lands, similar to the tactics used by Philip IV of France against the Knights Templar 200 years prior. In 1540, Walter Hungerford, 1st Baron Hungerford of Heytesbury, was charged with treason and accused of buggery, suspected of raping his own daughter. He was beheaded on Tower Hill, becoming the first execution under the Buggery Act.
The Act was repealed in 1553 when the staunchly Catholic Queen Mary took the throne, preferring these matters to be handled by ecclesiastical courts. However, it was re-enacted by Queen Elizabeth I in 1562 with the Sodomy Act. Homosexual prosecutions during the 16th century were sparse, with fewer than a dozen recorded up to 1660, but this may be due to inadequate research and a scarcity of legal records. In the 18th and early 19th centuries, numerous prosecutions that resulted in hanging were recorded.
In the 20th century, there was growing concern about the increase in homosexual offences and media scandals involving prominent men. The Wolfenden Committee was appointed in 1954 to review the laws dealing with homosexual activity, and in 1957 they recommended the decriminalisation of private homosexual activity between consenting adults over the age of 21. However, the laws remained unaltered until 1967 when the Sexual Offences Act partially decriminalised homosexual acts between two men over 21 years of age in private. In 1980, the law was changed in Scotland, and in 1982 in Northern Ireland. The age of consent for gay men was lowered to 18 in 1994 and further reduced to 16 in 2001, equalising it with the age of consent for heterosexual sex.
Finally, in April 2017, the UK Parliament passed the Merchant Shipping (Homosexual Conduct) Act, repealing sections of the Criminal Justice and Public Order Act 1994 that were labelled as the UK's "last anti-gay law".
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The Sexual Offences Act of 1967
The Act came into being following recommendations made in the Wolfenden Report of 1957, which suggested the decriminalisation of private homosexual activity between consenting adults over 21, with stricter penalties for public homosexual activity. The Wolfenden Committee was appointed to review laws dealing with homosexual activity and prostitution, due to concerns about increasing visibility of both in the early 1950s. It took ten years for the recommendations to be implemented.
The Act was proposed as a private member's bill by Welsh MP Leo Abse, with the support of the Home Secretary, Roy Jenkins. It passed in the House of Commons on 4 July 1967, and in the House of Lords on 13 July, receiving Royal Assent on 27 July. The Act had twelve sponsors from the Labour, Conservative, and Liberal parties.
Despite the Act, LGBT individuals in the UK continued to face discrimination and stigma. It would take many more years for full legal equality, with Scotland decriminalising homosexuality in 1981 and Northern Ireland in 1982. The age of consent for gay men was also lowered to 16 by 2001, and in 2017, the UK repealed its last anti-gay law, which related to the military.
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Section 28
The legislation caused widespread disruption to LGBT+ organisations and student groups, many of which were forced to close, limit their activities, or self-censor. It also led to uncertainty among teachers about what constituted the "promotion" of homosexuality, resulting in many avoiding the topic altogether in schools. The law was enacted during a period of rising negative sentiments towards homosexuality, with 75% of the population saying that homosexual activity was "always or mostly wrong" in a 1987 British Social Attitudes Survey.
Despite the repeal of Section 28, the UK has continued to take steps towards advancing LGBT rights. In 2010, parental orders for gay men and their partners came into force, allowing both parents to be named on their child's birth certificate. In 2017, the UK Parliament passed the Merchant Shipping (Homosexual Conduct) Act, repealing the UK's "last anti-gay law". In 2021, the Government published a consultation on banning conversion therapy, and in 2023, it announced that pardons would be available for women "convicted of homosexuality" in the military.
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The Merchant Shipping (Homosexual Conduct) Act of 2017
Historical Context
Prior to the enactment of this Act, the rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ+) individuals in the UK had been gradually improving, but there were still discriminatory laws in place, particularly within the military. In 1954, the UK government acknowledged the need to address homosexual activity and prostitution, establishing the Wolfenden Committee, which recommended decriminalising private homosexual activity between consenting adults. However, it wasn't until 1967 that homosexual acts between men over 21 were decriminalised in England and Wales, with Scotland following suit in 1980 and Northern Ireland in 1982.
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Continuing Progress
The passing of the Act in 2017 was a significant step forward, but the UK's journey towards LGBTQ+ equality continues. In June 2023, the UK government announced pardons for women convicted of homosexuality while serving in the military under previous discriminatory laws. Additionally, the ILGA-Europe report in 2025 highlighted a backslide in the UK's progress, particularly concerning anti-trans rhetoric in the media. Nonetheless, the UK remains committed to advancing LGBTQ+ rights, with large LGBT communities across the country, annual pride festivals, and ongoing legal reforms.
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The pardoning of women convicted of homosexuality in 2023
The UK's journey towards the acceptance and equal rights of the LGBTQ+ community has been a long and arduous one. For centuries, homosexuality was criminalised, with same-sex relationships deemed a threat to the "natural order" of society. The Buggery Act of 1533, enacted during Henry VIII's reign, criminalised same-sex intimacy between men, with the potential penalty of the death sentence.
Despite growing levels of homophobia in the 1980s, some Labour-led councils introduced anti-discrimination policies and provided specialist support services for their LGBTQ+ constituents. In 1988, the Conservative government introduced Section 28, a law banning the 'promotion' of homosexuality, which further legitimised harmful views and impacted the safety and well-being of queer individuals in their communities.
It wasn't until 1994 that the Criminal Justice and Public Order Act lowered the age of consent for gay men to 18, and it was further reduced to 16 in 2001, achieving parity with heterosexual couples. In 2013, the UK finally repealed all remaining anti-gay laws, marking a significant milestone in the fight for LGBTQ+ rights. However, it is important to note that this progress has been fragile, with escalating attacks on queer and trans communities in recent years.
In June 2023, the UK government took a significant step forward by offering pardons to women convicted of homosexuality while serving in the military. While female homosexuality had never been a civilian offence, lesbian women in the armed forces faced penalties under provisions in the Army Act 1955, the Air Force Act 1955, and the Naval Discipline Act 1957. This move towards reconciliation acknowledges the injustice faced by these women and symbolises the UK's ongoing commitment to upholding the rights and dignity of its LGBTQ+ citizens.
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Frequently asked questions
The UK decriminalised sex acts between men in 1967 with the Sexual Offences Act. However, it was not a complete decriminalisation, and anti-gay laws remained on the statute books. The last anti-gay law in the UK was repealed in 2017 with the Merchant Shipping (Homosexual Conduct) Act.
The 1967 Sexual Offences Act decriminalised sex acts between men in England and Wales. It repealed the maximum penalty of life imprisonment for anal sex. However, it did not grant homosexual men parity with heterosexual couples. There was a higher age of consent for homosexual sex, and it only applied if the acts took place in private.
Yes, there were several. In 1954, the government appointed the Wolfenden Committee to review laws dealing with homosexual activity. In 1957, the committee recommended the decriminalisation of private homosexual activity between consenting adults over the age of 21. This eventually led to the 1967 Sexual Offences Act. In 1988, the Conservative government introduced Section 28, which banned the 'promotion' of homosexuality. This was repealed in 2003.
Section 28 was a law introduced in 1988 that barred local authority workers from 'promoting homosexuality' and its 'acceptability'. This meant that schools could not teach students about gay relationships, and councils were prevented from funding LGBT content. It was repealed in 2003.
The impact of Section 28 was devastating for the LGBT community in the UK. It helped legitimise harmful views about queer people, and these views continue to inform UK health and education policy. Even after the law was repealed, the LGBT community in the UK has continued to face escalating Tory attacks and a failure to ban harmful anti-LGBT conversion practices.
