Key Documents - The road to equality (history)

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. It is in part based on an original timeline on Stonewall's website. There is also a general timeline of key papers, acts and publications on the LSE Library site.

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
amendment to the guidelines is significant, providing that armed forces personnel can no longer be criminally prosecuted and court-martialed under military law for their homosexuality. They can,
however, still be administratively discharged.

The Policy stresses the incompatibility of homosexuality with service in the armed forces

“because of the close physical conditions in which personnel often have to live and work, [and] also because homosexual behaviour can cause offence, polarise relationships, induce ill-discipline, and . . . damage morale and unit effectiveness.”

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.

1996 - Report of the Homosexuality Policy Advisory Team

A Homosexuality Policy Assessment Team, established by the Ministry of Defence, reported in 1996 that gay and lesbian people were "no less physically capable, brave, dependable and skilled than heterosexuals". Nevertheless, the team recommended that the ministry "must deal with the world as it is" and that "service attitudes, in as much as they differ from those of the general population, emerge from the unique conditions of military life and represent the social and psychological realities". As such, the report concluded that there was "military risk from a policy change". MOD released the full report to the internet in 2010 - download the 13.5 MB PDF here.

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

"close physical and shared living conditions together with external pressures such as grave danger and war."

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:

"To the extent that they represent a predisposed bias on the part of a heterosexual majority against a homosexual minority, these negative attitudes cannot, of themselves, be considered by the Court to amount to sufficient justification for the interferences
with the applicants’ rights outlined above any more than similar negative attitudes towards those of a different race, origin or colour."

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.

Sep 1999 - European Court Judgement is handed down

On 27 September 1999 the European Court of Human Rights (ECHR) delivered a judgement on a case brought by four ex-Service personnel of the United Kingdom’s Armed Forces who had been discharged on the grounds of their homosexuality. The ECHR ruled against the MOD on the grounds that the Department’s policy of homosexuality not being compatible with Service life was no longer sustainable. The Court held that there had been interferences with the right to respect for private life, under Article 8 of the Convention, in all four of the Service cases and that in two of the cases, Article 13 (effective domestic remedy) had been breached. View ECHR documents here.

Lustig-Prean & Beckett v United Kingdom - Legal judgment, Strasbourg, 27.09.99

Smith and Grady v the United Kingdom - Legal judgment, Strasbourg, 27.09.99

30 Sep 1999 - Chief of Defence Staff commissions urgent review

On 30 September 1999 the Chief of the Defence Staff commissioned an urgent review of the policy on homosexuality in the Armed Forces. A Departmental Steering Group convened on 1 October 1999 to begin reviewing the policy.

Jan 2000 - The Ban is Lifted - Armed Forces Code of Social Conduct

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.

In the Sexual Offences Act 2003 the Government changed laws to ensure they do not discriminate unfairly on the grounds of gender or sexual orientation. In practice this means that, for the first time, the law relating to sexual offences will be the same for heterosexual and LGB people.

Progress since the AFCSC

Apr 2005 - MOD unified harassment complaints procedures include sexuality-based cases

On 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.

December 2005 - Civil Partnership Act

The Civil Partnership Act took force in December 2005. Shortly thereafter the first newlywed same-sex couples moved into Service Families Accommodation (colloquially known as Married Quarters) belonging to all three Services.

December 2005 - Lt Cdr Craig Jones awarded MBE for services to equality

The Royal Navy’s most senior openly gay officer was been honoured with an MBE in the New Years Honours List for the invaluable contribution he has made to the promotion of diversity within the RN, and to the support of gay and lesbian personnel. Jones has been the lead consultant for the gay community in the Armed Forces since 2001 and has played a leading role in the development of policy and initiatives aimed at improving conditions of service for gay men and women in the Royal Navy and other Services.

Equality Act

more to follow, pending updates.

January 2006 - first Royal Navy Conference for Lesbian and Gay Personnel

The first Royal Navy Conference for Gay and Lesbian Personnel was held at the Armed Forces Chaplaincy Centre, Amport House, on 27th and 28th Jan 06. The event was attended by 40 RN personnel and supported by key Second Sea Lord Staff Officers, the Executive Director of Stonewall and the Stonewall Diversity Champions Programme Manager. A small number of Army and RAF personnel were also present. The Conference was Community led event and the agreements reached over the course of the Conference represent the aspirations of those who attended.

July 2006 - Royal Navy personnel lead EuroPride parade in Uniform

Up to 40 Royal Navy personnel lead the London EuroPride parade in ceremonial uniform. Commander Graham Beard, of the Royal Navy’s Equality Office, proudly told of how Britain’s "Senior Service" was one of Stonewall’s 204 "Diversity Champions" employers. He then said that "history was being made" today. "As far as we know, today is the first time that a military service has marched, in full dress uniform, at a gay Pride anywhere in the world," he said. A group of British Army and RAF personnel joined the parade in order of precedence immediately behind the uniformed RN contingent, wearing proud2serve.net T-shirts as they had been denied permission to march in uniform.

December 2006 - Royal Air Force joins Diversity Champions

January 2007 - First Tri-Service LGBT Conference

RN-led, held in the Union Jack Club

First Tri-Service uniformed participation at London Pride

Uniformed group attend LGBT Reception at No 10 Downing Street

First front cover article on Soldier Mag