4.2 how social changes affect policy development (example 3)

LGBTQ + rights before 1960's

- for centuries, same sex sexual activity was condemned as immoral or sinful and was severely punished by the law

- 1533 - buggery act made sodomy between men punishable by death

- the death penalty for sodomy was abolished in 1861 but an act in 1885 extended laws to any kind of sexual activity between men

- by 1954, there were over 1,000 men in prison due to being with another man

decriminalisation

- the persecution of such high profile individuals led to an outcry and a committee was established under Sir John Wolfenden to review the law

- his report recommended the decriminalisation of sexual activity in private between men aged 21 and over

- this became law in 1967

- organisations such as campaigns for homosexual equality played a large role

changing values and attitudes

- 2/3 population today see nothing wrong in same sex relationships compared to less than 1/5 in the 1980's

- more people view that consenting adults should have the right to do as they wish in private and it is no business of the police or courts

individualism

- belief that individuals should have the right to choose how they live their lives, so long as they do no harm to others

- individualism has become a central value in today's culture and can be seen in many areas of life and law such as divorce and abortion as well as sexual preference

equal rights

- growth of the idea of equal rights within britain

- growth of women's rights, equal treatment regardless of race, colour or religion all of which have been enshrined in equality laws

- the move towards equal rights for LGBT people is part of this trend

secularisation

- refers to declining influence of religion on people's lives, attitudes and values

- religions have generally opposed homosexuality, often violently

- religion today wields much less influence - less than 1/2 british people believe in god

- as a result condemnation of homosexuality carries much less weight and some churches have softened their attitudes, even allowing gay priests

further legal changes

- equal age of consent - in 1994 age of consent was lowered from 21 to 18 and in 2000 it was equalised with heterosexual sex at 16

- civil partnership - introduced for same sex couples in 2005, giving legal recognition and protection to same sex couples, in 2019 civil partnership also became available for heterosexual couples as a alternative to marriage

- same sex marriage - 2013 marriage act (same sex couples)

transgender rights

- for many years transsexualism was regarded as a medical condition

- widespread but not universal acceptance that individuals should have the right to decide their gender

- the 2004 gender recognition act enables people to apply for a gender recognition certificate, which then allows them to change their legal gender, acquire a new birth certificate and have their acquired sex recognised for all law purposes

- to obtain a gender recognition certificate, they must have spent two years transitioning and they must apply to a gender recognition panel with medical evidence of a diagnosis of gender dysphoria

- since the 2004 act campaigns have called for the right to legally self declare one's gender identity

- however, in 2020, the conservative government rejected this and individuals must still apply to the panel and supply medical evidence

continuing discrimination

- LGBT people still face discrimination

- 1/5 gay people and 2/5 trans people experience a hate crime or incident because of their sexuality or identity every year