Decriminalisation of Homosexuality in Scotland

[Peter_Martin]

Channel 4 television has been broadcasting a series of programmes about the decriminalisation of homosexuality called '40 Years Out'. It commemorates the 40th anniversary of the enactment of section 1 of the Sexual Offences Act 1967 on 27th July 1967. This allowed private homosexual act between two men over 21 to be legal. (It has now been amended to reduce the age to 18 in 1994 and then 16 in 2000.)

However, this act only applies to England and Wales. Scotland, Northern Ireland, Channel Islands, Isle of Man and the military were not included. The 1967 Act followed the recommendations of the Wolfenden Committee of 1957.

The law in Scotland was not changed until section 80 of the Criminal Justice (Scotland) Act 1980 was enacted on the 13th November 1980. The age of consent has been reduced to 18 and then 16 at the same time as the law was changed in England and Wales.

Does anyone have any idea why Scotland was omitted from the terms of the Sexual Offences Act 1967? I have found one reference to the 1958 General Assembly of the Church of Scotland rejecting the Wolfenden Report of 1957. Was this opposition the sole reason or were there other pressure groups against law change at the time?

[mikeyBoab]

Hi Peter, I realise that your post is a bit out of date but what the hey.

Scots Law is seperate from English Law. Just because xyz is illegal in England doesn't necessarily mean it is in Scotland too and vice versa.

[Peter_Martin]

I know there are differences between the legal systems. The following social changes were effected across all of Great Britain at the same time. Procedural allowance being made for the two different legal systems:

Abortion in 1967
Race Discrimination in 1967 (with further amendment in 1976).
Equal pay in 1970
Sex Discrimination in 1975

In addition Divorce Law was reformed in England and Wales in 1969-1971 which was followed by similar reform in Scotland within 5 years later.

I suppose what I am trying to figure out is why Westminster was not prepared to change Scots Law and the law of England and Wales at the same time. It had shown itself willing to legislate for other social issues on a GB wide basis.

[mikeyBoab]

hmmm . . . . I take your point. I'm not sure about that one.

[aNonnyMoose]

Originally Posted by Peter_Martin

I suppose what I am trying to figure out is why Westminster was not prepared to change Scots Law and the law of England and Wales at the same time. It had shown itself willing to legislate for other social issues on a GB wide basis.

Westminster has no real powers to legislate in Scotland these days, that's the job of the Scottish Government. Scots Law differs from English/Welsh law in a number of ways, and usually what happens is that Scotland observes legislation passed in England & Wales for a time, and then passes its own law tightening up any loopholes, inadequacies and outright mistakes made - quite a sensible solution, in most folks minds.

At the time of the law you're referring to initially, I suspect that the Church of Scotland, the Catholic Church and other religious groups held more sway than they do nowadays, and influenced the decision that the law should not be changed in Scotland.