Introduction

The legislative context in relation to sexual orientation is, in some respects, distinctive.  Despite recent legislation making discrimination illegal, there remain exceptions.  For example lesbians, the Regulations permit discrimination on ground of sexual orientation: 'for purposes of organised religion', where the religion’s doctrine requires this or where required by 'the strongly held religious convictions of a significant number of the religion’s followers'. 

A brief summary of developments in the areas of education and employment follows, together with relevant links to sites where you can find out more.

Employment

The European Union passed a new Employment Framework Directive as part of the Treaty of Amsterdam, in October 1999. The Directive required the UK government to introduce legislation by the end of 2003 that made it unlawful for employers to discriminate on the grounds of sexual orientation. On 1st December, 2003, the Employment Equality (Sexual Orientation) Regulations became law. For the first time, lesbian, gay and bisexual employees will be protected from discrimination in the workplace. However, there will still be no legal requirement to provide spousal benefits to same-sex partners and it will still be lawful to discriminate against lesbians, gay men and bisexuals in the provision of goods and services.

Lesbians, gay men and bisexuals might also face discrimination by religious organisations. The Regulations permit sexual orientation discrimination 'for purposes of organised religion' where the religion’s doctrine requires this or where required by 'the strongly held religious convictions of a significant number of the religion’s followers'.

The Employment Equality (Sexual Orientation) Regulations are a result of the 2000 EU framework directive requiring all EU member states to ban discrimination in the workplace on grounds of disability, religion, belief, age and sexual orientation. However, the law is confusing and complex. Until the EU framework directive implemented in December, 2003, lesbians, gay men and bisexuals had no specific legal recourse if they had been discriminated against in the workplace because of their sexuality. It was still lawful to ostracise, bully or dismiss a lesbian, gay man or bisexual.

Stonewall, an organisation that campaigns for equality and social justice for lesbians, gay men and bisexual people, welcomed the introduction of legislation, but believes that there are many flaws in the regulations that have been brought forward.

For full text copy of the Employment Equality (Sexual Orientation) Regulations 2000: http://www.hmso.gov.uk/si/si2003/20031661htm).

Education

• Section 2A of the 1996 Local Government Act (Scottish equivalent of section 28 in England and Wales) was repealed in Scotland in 2000, but the campaign leading up to its repeal left teachers wary of discussing issues relating to homosexuality.
• On 10 July 2003 the House of Lords supported the earlier decision of the House of Commons and voted to repeal section 28 in England and Wales. This means that repeal of section 28 has now passed all the necessary stages in parliament and should take place after the Local Government Bill has received its Royal Assent in September 2003. The Children Act 1989 requires that ‘the needs and concerns of gay young men and women must also be recognized and approached sympathetically’. Section 28 of the Local Government Act 1988, states that no local authority shall: 'promote the acceptability of homosexuality as a pretended family relationship'. Repeal of section 28 took place in September, 2003.  (For further commentary and details visit Stonewall Section 28)
• On 21 June 2000 the Scottish Parliament passed the Ethical Standards in Public Life Bill, which included the repeal of the equivalent of section 28 in Scotland, by 99 votes to 17.
• England and Wales was then the only countries in the world with a law like section 28, although its repeal was then supported by parliament. Many people thought that schools in England and Wales could not talk about sexuality or deal with homophobic bullying because of section 28. However section 28 did not apply to schools and did not prevent schools from addressing issues of sexuality or homophobic bullying. The following guidance governed the regulation of sex education in English schools: DfES Circular 1988 states that 'section 28 does not affect the activities of school governors or teachers – does not prevent objective discussion on homosexuality nor counseling…' The Local Government Act 2000 Section 104 reads 'nothing in section 28 …shall be taken to prevent the head teacher or governing body of a maintained school, or a teacher employed by a maintained school, from taking steps to prevent any form of Bullying'.

The Learning & Skills Act, dealing with sex education in maintained schools, was passed at the end of July 2000. The Act clarifies that: a) local authorities have no responsibility for sex education; b) no inappropriate materials should be used in the teaching of sex education; and c) that materials should take account of a pupil’s age, cultural and religious beliefs. New Sex and Relationship Education Guidance was published in July 2000.

This statutory guidance has a section dealing with the needs of young lesbians, gay men and bisexuals – the first time ever gay sexuality has been recognised - which requires schools to deal with homophobic bullying. Section 1.30 states: 'It is up to schools to make sure that the needs of all pupils are met in their programmes. Young people, whatever their developing sexuality, need to feel that sex and relationship education is relevant to them and sensitive to their needs'. Section 1.32 states: 'Schools need to be able to deal with homophobic bullying'. 

Similar guidance was produced for Scottish schools as part of the package of support surrounding the repeal of section 28 and the Standards in Scotland’s Schools Act 2000 places a duty on schools to develop annual equality action plan. DfES 2000 anti-bullying pack for schools: Bullying: Don’t Suffer in Silence recommends including homophobic bullying in the school’s anti-bullying policy‚ so pupils know discrimination is wrong and the schools will act’.  It also suggests covering homophobic bullying in INSET, guaranteeing confidentiality and appropriate advice, dealing with homophobic language and exploring issues of diversity and difference. The drawing up of sex education guidance for Welsh schools is a matter for the National Assembly for Wales. In July 2002 for the first time the Welsh Assembly Government’s new Sex and Relationships in Schools Guidance states that issues of sexuality and sexual orientation should be dealt with honestly, sensitively and in a non-discriminatory way.