Section 28

Section 28 or Clause 28 of the Local Government Act 1988 caused the addition of Section 2A to the Local Government Act 1986, which affected England, Wales and Scotland. The amendment was enacted on 24 May 1988, and stated that a local authority "shall not intentionally promote homosexuality or publish material with the intention of promoting homosexuality" or "promote the teaching in any maintained school of the acceptability of homosexuality as a pretended family relationship". It was repealed on 21 June 2000 in Scotland by the Ethical Standards in Public Life etc. (Scotland) Act 2000, one of the first pieces of legislation enacted by the new Scottish Parliament, and on 18 November 2003 in the rest of the United Kingdom by section 122 of the Local Government Act 2003. As it did not create a criminal offence, no prosecution was ever brought under this provision, but its existence caused many groups to close or limit their activities or self-censor. For example, a number of lesbian, gay and bisexual student support groups in schools and colleges across Britain were closed owing to fears by council legal staff that they could breach the act.

Section 28 originated in the social transition in British society from homosexuality as "illegal-but-discussed", to "legal-but-not-always approved", following debate in the 1950s and the 1967 decriminalisation of gay sex for those over the age of 21 in the Sexual Offences Act 1967.

The 1980s was the era in which HIV/AIDS was first reported. The first recorded victims of the disease were a group of gay men, and the disease became associated in the media, and at first even in medical circles, with gay and bisexual men in particular. The association of HIV/AIDS with gay and bisexual men worsened their stigmatisation, and this association correlated with higher levels of sexual prejudice, such as homophobic/biphobic attitudes.

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