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Key Documents |
the road to equal rights in the military The timeline below describes how the British Military has traveled down the path towards equal rights for lesbian and gay service personnel 1955 - Army and Air Force Acts Homosexuality in the British Army and Royal Air Force is an offence under the 1955 Army and Air Force Acts. 1957 - Navy Discipline Act Homosexuality in the Royal Navy is an offence under the 1957 Naval Discipline Act. Homosexuality as a criminal offence in British civil and military law Prior to ratification by Parliament in 1967 of the Sexual Offences Act, homosexuality is regarded as a criminal offence in both civil and military law. 1967 - Homosexuality decriminalised but not in military law With Royal Assent granted to the Sexual Offences Act, private homosexual acts are decriminalised for consenting adults aged 21 and above. However, this does not hold true for military personnel. Section 1(5) of the 1967 Sexual Offences Act limits the application of the Act to the civil arena, with homosexuality in the military remaining an offence under the 1955 Army and Air Force Acts and the 1957 Naval Discipline Act. Stonewall engaged on lifting the ban in the armed forces One of Stonewall’s first and longest campaigns is to lift the ban on lesbians and gay men serving in the armed forces. It begins with Robert Ely, who had served in the army for seventeen years, coming to see them. The discovery of a letter had led to his sexual orientation being disclosed. He was subjected to a humiliating investigation and thrown out of the army. Creation of Rank Outsiders Robert Ely later founds Rank Outsiders (now known as AFLaGA), as a support group for lesbians and gay men in the armed forces and those who had been sacked for the sexual orientation. 1992 - First challenge in Parliament In 1992 Robert and Stonewall give evidence to the House of Commons Select Committee on the Armed Forces. This is the first time ever that lesbians and gay men challenge the ban. As a result of that evidence the Conservative government promises to stop the criminal prosecution of armed service personnel who are 'homosexual'. Nevertheless the dismissals and the degrading investigations continue. The Ministry of Defence argues that the presence of lesbians and gay men would undermine morale and fighting capability. 1994 - Criminal Justice and Public Order Act Section 1(5) of the Sexual Offences Act (excluding its application from the military) is repealed by the Criminal Justice and Public Order Act 1994. Section 146(4) of the new Act states that nothing in its provisions prevent the military from continuing to discharge members of the armed forces based on their sexual status. Dec 1994 - Armed Forces’ Policy and Guidelines on Homosexuality updated - decriminalised The Ministry of Defence updates
the Armed Forces’ Policy and Guidelines on Homosexuality.
The The Policy stresses the incompatibility of homosexuality with service in the armed forces
If a service member is discovered to be or admitted to being a homosexual, he or she will be discharged. Potential recruits who declare they are homosexuals will be disqualified from the recruitment process. 1998 - The legal battle begins in the British courts In 1998 Stonewall is approached by Jeanette Smith, who was thrown out of the Air Force, and Duncan Lustig Prean, a Naval Commander who is being dismissed. They ask Stonewall to arrange legal representation and so begin the long battle through the courts, with Graham Grady and John Beckett also joining the case. At this time there was no Human Rights Act. The judges in the High Court and Court of Appeal rule that although they believe the ban was not justified they could not overturn it. Legal battle taken to the European Court of Human Rights Stonewall goes to the Strasbourg-based European Court of Human Rights. The ECHR is independent of the European Union. The core argument proffered by HM Government is that military service is a special context because the cohesion of a military unit has to withstand
In such circumstances, entrenched attitudes of hostility, suspicion, or discomfort could compromise the operational effectiveness and the fighting power of the armed forces. The Court finds that this argument originats in habitual feelings of disapproval and hostility toward individuals of homosexual orientation and to general expressions of discomfort about the presence of homosexual soldiers in military units. In response to the government’s arguments, the Court observes:
Furthermore, the Court notes that a strict code of conduct, such as that already in place with respect to sexual and racial harassment, is an alternative to the policy of discharging homosexuals, with a much less severe impact on the private lives of gay and lesbian soldiers. The Ministry of Defence is unable to offer specific examples that prove that homosexual service members are detrimental to the operational effectiveness of the British Armed Forces. The Court criticizes the Homosexuality Policy Assessment Team (HPAT) Report used by the Ministry of Defence in its attempts to substantiate its arguments by specific examples. The final judgment of the Court is a resounding vindication of the rights of lesbians and gay men and the Labour government immediately announces that they would lift the ban. Jan 2000 - A happy ending is just the beginning The ban on gays serving in the British military is lifted on 12 Jan 00 and replaced with a new, sexual orientation-free general code of conduct fully titled the "Armed Forces Code of Social Conduct" or AFCSC for short, announced to the Commons by the Secretary of State. The armed forces have stated that the new policy has caused no problems. Nov 2000 - EU Sexual Orientation Directive In November 2000 the European Union's 15 members, including the United Kingdom, adopt a directive prohibiting discrimination on the basis of sexual orientation in public and private employment. Dec 2003 - Employment Equality (Sexual Orientation) Regulations 2003 The UK enshrines in national law all the requirements of the EU Sexual Orientation Directive in the Employment Equality (Sexual Orientation) Regulations 2003, legislation specifically banning sexual orientation discrimination in employment. Until then, lesbians, gay men and bisexuals who were discriminated against and harassed at work because of their sexuality had no protection by law and used domestic and European courts to seek protection against discrimination. Progress since the AFCSC Apr 2005 - MOD unified harassment complaints procedures include sexuality-based casesOn 1 April 05 MOD tightens up the way it deals with allegations of harassment, including sexual orientation related cases, with the publication of JSP 763 — the MOD Harassment Complaints Procedure. Part of this timeline was based on Stonewall's chronology of their campaigns with the Armed Forces. Documents hosted on Stonewall's website relating to the key judgments on gays in the military Lustig-Prean & Beckett
v United Kingdom -
Legal judgment, Strasbourg, 27.09.99
[219 kb] page: documents :: military
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