1973: EURO GAYS WE MIGHT BE, BUT THE STRUGGLE MUST GO ON

As 1973 dawns it is time for the Homosexual Society to take stock of its position and to decide what action must be taken in the days that lie ahead. The record so far is reasonably satisfactory. It is not as bad as some of the critics and carpers make out: nor is it as good as some of our professing activists and demo-mongers profess.

For those who are fighting for our cause and for those who are only too well aware of the nature of the problems which confront us much of what follows may seem repetitive. But, as a great advertising man, Sir William Crawford, once said, the key to a successful campaign is domination, concentration and repetition. State the message loud and clear, use all the available resources in such a way that that message is got across and go on sending it out until people are forced to pay attention. It is better to say a few things firmly and often than a great many things in the form of a confused dissertation.

The first priority must be to penetrate the political barriers of hostility and inertia and to set on foot further reforms of law on homosexuality. The most important, and the most obvious because the present state of affairs is so patently ridiculous, is to bring the age of consent for men down to 16. To claim that women are so much more mature that a gap of five years is justifiable is plain stupid and not in accordance with the facts of Life. It is time for a bit of Men’s Lib for a change.

The Scots, who are always boasting that they are better educated as a nation than anyone else in Britain, should undertake some effective self-education and press for the existing law to be extended to their own country. In Northern Ireland a bit of sanity would be welcome for once. Now that Westminster is in control, or claims to be, the same conditions should be made to apply.

The social segregation of the Armed Forces and the Merchant Navy is undemocratic and demonstrably absurd as well as being somewhat laughable under all the known circumstances. There will be resistence from the top-brass who always resist change on principle. It should be pointed out to them that such an attitude is an admission of failure on their part to keep order in their own house. And that is a very poor advertisement for the powers of leadership of which they are so proud.

Relationships with the Police must be reviewed at top level otherwise the situation threatens to deteriorate and that is not in the interests of the Force who have quite enough problems on their plate without adding to them. The new Commissioner of Police is a great reformer: this is one reform he should tackle as a matter of urgency.

There must be an end to harrassment and effective action must be taken to stamp out the offensive and immoral practice of “queer-bashing” which is an abuse of civil liberties and worse than “mugging” which is causing much more public alarm. The rules concerning homosexual assembly must be abolished and that involves political as well as police action as also does the whole question of advertising as was made clear by the ‘IT’ case.

Socially, an advance must be planned on three fronts: the education of parents, teachers and children, the improvement of medical training and understanding; the recognition of the existence and position of homosexuals by men of religion.

The Ministry of Education must be approached with a view to discussing the establishment of enlightened sex education, including education about homosexuality, in schools. Until a directive comes from above, local education authorities and headmasters will be unwilling and afraid to act. There is plenty of evidence of that. Parent-teacher organisations must be persuaded to support this move so far as is possible.

Margaret Thatcher may not be everybody’s pin-up girl and the new Under-Secretary, Norman St John Stevas has not been made exactly welcome in every quarter. But they both like to lay claim to being progressive in their outlook. They should be confronted.

The Medical Profession should be challenged with regard to its failure to implement the recommendations of the Wolfenden Committee. At a meeting held at Guys Hospital in 1972, the Chairman, a distinguished physician, declared at the outset that he knew nothing about homosexuality. That was not any sort of a joke. The answer to him and to those like him is physician heal thyself. The campaign must be carried into the medical camp and there must be more meetings not only at hospitals but local doctors and psychiatrists should be invited to address meetings under the auspices of homosexual organisations.

The Churches must be clearly asked to state their attitude to homosexuality and homosexuals. This must be done not only at the level of parish priests and the like but also at the top. The veiws expressed by Dr Norman Pittenger in his book “Time For Consent” should be put to them and their reactions to them should be sought. Unlike Pilate we have time to wait for our answer – but not for ever. The meeting of Jewish homosexuals in London, despite the snide remarks which appeared in Gay News, was a courageous and heartening occasion. It is hoped that progress will continue to be made in that field.

Also on the credit side for 1972 have been the activities of CHE, SMG and GLF. It has been asserted in certain quarters, including in the correspondence columns of Gay News, that such organisations tend to promote a ghetto mentality and to increase, rather than decrease, the division between homosexuals and the rest of society. That is poppy-cock. To begin with, if society had behaved in a more intelligent and rational manner such activities would not have been made necessary. Such considerations apart, they provide important and essential grounds for homosexuals to meet one another and to exchange views. They are also of the greatest social and psychological value for those homosexuals who are lonely or depressed.

Gay News, a product of 1972, is a courageous venture which deserves to succeed and prosper in 1973. It is a forum for opinions of all kinds by homosexuals and others and that is healthy. Because not enough space is provided by the main media of communication it fills the gap and it may well encourage its colleages in the Press world to pay more attention to the subject. Every homosexual should support a publication which speaks out fearlessly for the cause. This is no time for reticence or silence: those days are over.

On the political front CHE held fringe meetings at all the Party conferences in the autumn. In 1973 it holds its own conference at Morecambe. These public appearances are important because they help to make clear that we are not an element to be disregarded with impunity. There are over a million and a half, probably more, of us. Politically that is something which should not be forgotten. It is particularly something which the Liberal Party, which is aiming at a national revival, should note. All political candidates from now on should be sent the questionnaire which was prepared by CHE and sent out at Sutton and Cheame by-election. Gay News should be encouraged to publish the answers so that we may know who are our friends.

A fringe meeting was held at the Conference of the National Union of Students at Margate. It was a constructive and stimulating occasion. It seems likely that one outcome will be a closer association of all University Homosexual Groups and that is all to the good as it will increase their influence. After all the ultimate future is in the hands of youth and that means our future.

In 1973 it is important that all homosexual organisations should increase their activities and their membership and that they should work as closely as possible together. We all have the same object in view: the achievement of our rightful place in society. It is essential that more people should be willing to take part in these activities. In the past too much has had to be done by too few at too great a cost both mentally, physically and financially. The time has come for all homosexuals to stand up and be counted. The only thing to fear is fear itself. Our campaign is on the march. In 1973 we must aim to go farther and faster and there must be more of us.

‘On All Fours…’

The Attorney General in The House of Commons

05-197208XX 2The legal position with regard to contact ads was clarified in a Commons adjournment debate on August 2:

“Prosecutors must carry out their duty. It is their duty to enforce the law,” Sir Peter Rawlinson, the Attorney General, spelled it out. “Prosecutors do not make the law. Very many people are very alive to any failure by the prosecution to enforce the law.

“But accordingly, if people produce advertisements by males or by females advertising their wares, calling for partners, reciting the terms upon which they will associate, describing their particular tastes or giving ways of communicating one with another, these at present are offences against the criminal law.”

Gay News wonders how this relates to lonely hearts ads in magazines like Time Out, and still more to the computer dating firms – what about the ads on the tube trains?

Referring to the International Times case in 1969, Sir Peter said “…the then Attorney General had to consider advertisements by males, the kind of advertisement that contained wording such as ‘Dolly Boy Seeks Sugar Daddy’ and so on. The then Attorney General”…had discussions with the Director of Public Prosecutions and a prosecution was launched because it was held, and the courts affirmed, that publication of these male advertisements was on all fours with the Shaw case, which involved advertisements for female prostitutes.”

This was the celebrated Ladies’ Directory case in 1960, when a man called Shaw published a guide, with addresses and telephone numbers, in which Soho prostitutes bought space. He was convicted and Lord Simonds, giving judgement, said: “In the sphere of criminal law there remains in the Courts of Law a residual power to enforce the supreme and fundemental purpose of the law, to conserve not only the safety and order but also the moral welfare of the state, and it is our duty to guard it against attacks which might be all the more insidious because they are novel and unprepared for.”

Lord Reid, however dissented “There are wide differences of opinion as to how far the law ought to punish immoral acts which are not done in the face of the public. Parliament is the proper, and the only proper, place to settle that. Where Parliament fears to tread, it is not for the Courts to rush in…”

The noble Lord Reid has received a lot of support for this statement (see ‘Half A Loaf’ story in Gay News No.3), but Lord Simonds asked another question which forecast the I.T. case: “Would it not be an offence if, even without obscenity, such practices were publicly advocated and encouraged by pamphlet and advertisement.”

Some people, including the police and, apparently, the DPP’s department, seem to support Lord Simonds, as recent victimisation shows.

These statements were quoted by Mr William Hamling, MP (Woolwich West) who raised the matter in the House. Mr Hamling is a brave and trusted watchdog for the freedom of the press and the arts, and a witty attacker upon those who whitehouse (verb.act.).

Mr.Hamling went on to refer to the Attorney General’s reply to a Bernard Levin article in the Times, on the question of the assurances given in Parliament when the Sexual Offences bill was being discussed. “The Attorney General’s statement refers to assurances given in 1964, that publishers would not be prevented from pleading the defence of public good when charged with publishing an obscene article. The assurances given did not apply where the essence of the offence was incitement to commit homosexual acts rather than the publication of an obscene article

“… I should like to direct his (the A.G.) attention to the debate in another place when Baroness Wootton (proposing a Lord’s amendment to the Sexual Offences Bill) moved a new clause specifically on this matter of conspiracy. The new clause read: ‘Conspiracy. It shall not be an offence to conspire or attempt to commit a homosexual act which by virtue of this Act (the 1967 Act) not in itself an offence.’

“The noble Lady went on specifically to refer to the Ladies Directory case and said:

‘We are still a little disturbed by the possible consequences of the Ladies Directory case, and the words used in that case … (she quoted Lord Simonds, as above)… (he) is there referring to conspiracy in a rather wider sense than my amendment, which refers only to the conspiracy to perform the act as distinct from advertising or flaunting it.”

Lord Stoneham, replying to Baroness Wootton, gave some assurances, but Mr Hamling, and others, have doubts as to what these actually meant, and the point is crucial to our freedom. Mr Hamling: “This prosecution (I.T.) and this whole question of what assurances were given raise some very great difficulties about an Act which permits things to take place which some people may consider to be immoral or offensive in the deepest sense, and yet the law says that these acts arc legal and are permitted. The question arises as to how far reference to these acts may be regarded as a public affront. There are grave difficulties about this – about homosexuals meeting, about arrangements that homosexuals may make in order to meet, particularly bearing in mind other sexual acts between heterosexuals which may follow meetings which can be advertised and which nobody seems to worry much about.”

Well set out out, Mr Hamling! Sir Peter, concluding his reply, set out the opposing view equally clearly; “(The I.T.case) was a proper case under the criminal law, as I explained in the Shaw case … the jury convicted, the Court of Appeal dismissed the appeal and the House of Lords upheld the conviction by four to one. There was in that case exactly what existed in the Shaw case, a public affront, namely the publication of advertisements by the persons seeking particular sexual services – in the Shaw case involving women and in the International Times case involving men.

”… I repeat, finally, that this being the law, it is the duty of the DPP, the police authorities and the Attorney General of the day to enforce the law as it is interpreted by the judges. It is their duty to see that that is done, and they must not be dissuaded from that because it may be the opinion of certain persons that the law ought to be changed.”

Not so much changed, as disregarded perhaps. I make no apology tor setting out the debate at such length – if we are to act constructively, we must be informed fully of the attitudes of the opposition.

It still seems, as Raymond Fletcher said on an earlier occasion, that the judges are trying to make the laws, whatever Sir Peter Rawlinson says about the omniscience of Parliament. We must note too, the equation of homosexual activities with prostitution (remember the Dangerous Doctor Rubens?), and the assumptions being made that all homosexual contact ads are for prostitution, while heterosexuals are not subjected to any such blanket condemnation.

A Thoroughly Responsible Paper

05-197208xx-4The freedom of the British press is something we have all learned to value. Usually this is understood to mean that our newspapers are not controlled or censored by the government, the state, the police or the army. Publish and be damned is still a good slogan.

However, this freedom is also assumed to mean that individuals and groups of individuals have the right to reply to attacks made upon them by individual newspapers. Quite often this right is freely given. You will find in general that all contentious topics are given a pretty free airing from both sides, whether it is scientology in dispute or Sir Basil Spence’s erection.

A significant exception was made recently though by The Sunday Telegraph. On Sunday, June 2Sth the following item appeared in that paper’s column of pungent tit-bits called To the Point; —

Gent’s Directory

LEAVING aside any dispute about the power of judges to make what is in effect new law, there will be general satisfaction that they have declared to be illegal any advertisement designed to put homosexuals in contact with one another.

It has now become clear that the concept of privacy enshrined in the Wolfenden Act should have applied, not only to homosexual practices as such, but to anything likely to encourage them. The Act was intended to protect an unfortunate minority from persecution, but not to empower them to spread their deviant ideas in society at large.

Presumably no one would dispute the S. Telegraph’s right to express such an opinion. Some people might question the use of emotive language – eg. ‘unfortunate’, ‘empower’ and ‘deviant ideas’, not to mention the use of ‘their’ with its establishment of a ‘them’ and ‘us’ division.

Quite naturally though the paragraphs upset a great many homosexual men and women. And several immediately wrote to the newspaper.

Dear Sir,

I would like to take issue with you, as no doubt others of your readers have done, over last week’s article entitled ‘Gents’ Directory’.

You leave aside the question of whether it is right that the judiciary should usurp the legislature’s function by effectively making laws to cover what a few unelected judges consider to be Parliament’s omission. I have not seen in your columns an equal lack of concern at, for example, left wing youth groups which similarly by-pass the established democratic channels from time to time.

You assert that the denial of advertising rights to homosexuals will meet with general satisfaction. Among the one in twenty homosexuals who read and write for the Sunday Telegraph? Among those who believe in one law for all citizens and abhor discrimination against minorities? Among those concerned at the isolation and despair often faced by homosexuals denied the opportunity for social contact and fulfilling relationships because you do not like them?

You claim that the Sexual Offences Act intended to protect homosexuals from persecution. The Act indeed allowed consenting adult male homosexuals a limited freedom at law. But society persistently denies homosexuals the opportunity to exercise that limited freedom. You justify this with the emotive concept of homosexuals ‘spreading their deviant ideas in society at large!’ We do this, apparently, by seeking to contact other homosexuals via advertisements, just as heterosexuals freely do, on a much larger scale. And if they feel the need, in an entirely heterosexually orientated society, how much more so must we!

The outcry against this social persecution has only just begun. We are comforted by the knowledge that, although this is and must be our battle, we are not alone.

Tony Ryde, (Vice Chairman Campaign for Homosexual Equality) 28 Kennedy St., Manchester.

Dear Sir,

Your editorial comment on homosexuals (Gent’s Directory, last Sunday) has brought considerable and unnecessary distress to a great many people. The note is based on the misconception (which a little unbiased research would have swiftly corrected) that homosexuality is infectious. When a homosexual advertises for companionship then only another homosexual is interested. Society at large remains unaffected.

Surely you would agree that one’s sexuality can hardly be dismissed as a mere idea, but is an inescapable fact of one’s personality.

What you refer to as the “spread (of) deviant ideas” is the simple assertion that the homosexual man and woman have a human right to exist in equality with our heterosexual brothers and sisters. A society which happily accepts our contribution to its economy (mostly greater than that of married people) yet continues to condemn us to a crippling emotional isolation might itself be judged deviant.

Roger Baker
Press Officer: CHE 28 Kennedy St.
Manchester.

Dear Sir,

I was dismayed to read your editorial “Gents Directory”.

To many heterosexual adults, the subject of homosexuality appears to be aligned with pornography, bestiality and intentions to deprave. Anyone admitting to being a homosexual is branded as unclean and considered fair sport for either mental or physical punishment.

This is manifestly unjust. It is surely the case that homosexuals are by accident of birth made what they are. How many of your readers would endorse your condemnation if it were directed at another branch of society different from the norm of which there are so many tragic examples.

I do not agree with the aims of the Gay Liberation Front and others which appear to show the homosexual as superior to his brethren but I am sure that the majority of this section of the population merely want to be accepted for what they are and have the equal rights to which we subscribe in every other walk of life.

In the present isolated environment that has been forced on them, why should we even now deny them the right to try and establish contact with each other? Your own endorsement sir, of the recent Court ruling aggravates the present bigotry and further delays the coming of a free and well adjusted society.

Anonymous

Dear Sir,

I read with astonishment your editorial ‘Gents’ Directory’. I can only hope that your extremely distasteful and hostile remarks stem from a complete ignorance of the nature and effect of homosexuality, rather than a wilful desire to inflict suffering by perpetuating wicked myths.

I and my colleagues, who include doctors, surgeons and priests, have daily brought home to us the misery and unhappiness of that minority whom you gratuitously describe as ‘unfortunate’. Our clients problems are not caused by their homosexuality but by the very attitudes within society towards homosexuals as examplified by your editorial.

If, as a responsible, opinion forming member of that society, you should wish to discover the truth, I and my colleagues would welcome the opportunity to inform you of our work. If, however, your prejudice will not permit you to take up our offer, then I hope your conscience will restrain you from publishing such ill-informed editorials in the future.

Michael Launder
(National Organiser)
Friend,
Broadley Terrace,
London.N.W.1.

These are clearly sensible, reasoned letters, hardly the work of maniacs or cranks. But of course, none were published. Instead, Brian Roberts the 68-year-old editor of the Sunday Telegraph took what seems to be the unusual step of replying personally to his correspondents.

Sunday Telegraph
Fleet Street,
London.E.C.4.
Tel: 01-353 4242

Dear Sir,

Thank you for your letter of June 28.

There is nothing in our editorial which I wish to withdraw. It did not attack the protection afforded to homosexuals by the Act. In rightly supporting the recent Court ruling against advertising, it took into account that there must be many what I might call “borderline ” homosexuals whose often courageous resistance to homosexual practices should not be undermined by such proselytising. Tolerance is one thing, encouragement another.

B.R. Roberts
Editor

One could, of course, go on for several paragraphs about the implications and — perhaps more important – assumptions of Mr. Roberts’ letter. Tony Ryde, in fact, did reply, as follows: —

Dear Mr. Roberts,

Thank you for acknowledging my letter. I did not ask you to withdraw any part of your editorial but rather to recognise that there are other views, equally strongly felt and perhaps as widely supported. Perhaps you intend to publish such an alternative view this Sunday since presumably the Letters Column in the Sunday Telegraph, as is generally the case, doesn’t have to reflect the Editor’s personal opinion.

I recognise that your editorial did not attack the protection which the 1967 act affords to homosexuals (so long as they are over 21 and live in England); I do not think I suggested it did. Rather I pointed to the social persecution which continues unabated and is reflected by your own views, albeit in the guise of protecting borderline cases from temptation.

Of course there are borderline cases on both sides. If I, being predominantly homosexual am tempted to heterosexual practices neither I, not I think you, will applaud as courageous any resistance I might offer. The morality or immorality, surely, depends not on the act but on the spirit. For you, as for the proponents of the 1967 Act, homosexuality is to be considered as intrinsically evil or sick. Whereas CHE, together with all homosexuals campaigning for full civil rights argues that truly fulfilling, responsible relationships have nothing to do with hetero- or homosexuality per se, but with people and personal values. The borderline homosexual therefore has an equal chance of, and right to, meaningful homosexual relationship as to a meaningful heterosexual one.

In any case you cannot contend that homosexual advertisements appeal primarily to ‘borderline cases’ and you will admit I think I that trying, I believe misguidedly, to protect them you are denying a far greater number of confirmed homosexuals the opportunity to I make contact with other confirmed homosexuals in the hope of relieving their loneliness and establishing mutually rewarding relationships.

If CHE proselytises it is for this freedom which should be an unassailable right; so long as it is denied to us tolerance is pure fantasy.

Tony Ryde

What is disturbing about the whole episode is The Sunday Telegraph’s inability to admit another point of view — and a point of view backed with rather more experience of the real situation that the author of the original article.

Half a Loaf – Or Only a Nibble

Offered at the House of Commons

04-197208XX 03Speaking of anomalies and loopholes in legislation at a meeting called to consider the implications of the recent House of Lords’ decision in the International Times case, Bernard Levin said: “The only thing worth doing is to pass a small simple act… to improve the situation for some people… not to talk of ideal and perfect societies. Half a loaf is better than none”. Will Hamlyn, MP set up the meeting to discuss how parliamentary means could be used to improve the situation, but a GLF member commented: “All Mr. Levin is really offering us is a small nibble”.

Many of those present seemed to feel that traditional democratic processes could achieve very little, particularly, as Raymond Fletcher pointed out: “…it now seems to be the judges who make the law, not Parliament”. “I voted, as I thought, in the interests of a minority when I supported the 1967 act,” said Joan Lestor, MP, “and now I find that, under that act, such things as contact through advertisements can be made illegal.” The heart of the matter is section 8 of the 1967 Act, under which the consent of the Director of Public Prosecutions is not required if the charge is incitement – incitement, in the case of contact ads, to commit acts which are not in themselves illegal if both parties are over 21. Leo Abse, MP, said at the time that he “was not happy” on this point: “Police use of incitement charges may well be open to criticism”. They were certainly criticised at the meeting, as was police activity in other areas, including harassment and spying in connection with cottaging, and selective prosecution under the obscenity laws.

The conspiracy laws were also criticised for their many loopholes – there have been contradictory decisions, some seeming to indicate that if a jury can be convinced by the prosecution that something is ‘immoral’, or a ‘conspiracy to corrupt public morals’, other relevant cases and precedents can be ignored. Bernard Levin said that it was a problem of singling out some actions and excluding them from the conspiracy laws, and that legislation should be attempted which would prevent such decisions as that in the IT case, and also define ‘conspiracy’ much more closely.

Does the present state of the law mean, for instance that a social worker who runs a group, or a counsellor who puts a homosexual client in touch with a gay organisation, is ‘inciting’ people to commit immoral acts? “Phew”, said Michael Butler of the Samaritans, when asked to comment later, “that would make the job of counselling gay people almost impossible. A psychiatrist told me that he could interview and analyse his patients, but if they had no social contacts with their own kind, his job was totally lop-sided and inadequate. The Samaritans’ general policy is that if someone wants social contacts and the counsellor feels it would be useful, the branch should have addresses of groups to which the client can be referred, and he would be given them.”

Other points raised during the meeting itself included the problem of judges who are “out of touch”, particularly with young people, and the general need for “public education”, considered in the long term, to produce a climate of opinion in which legislative improvements could be introduced by sympathetic members of parliament. The need for more control over police activity was stressed, particularly by Bernard Greaves, who quoted evidence of malpractices by Cambridge police, and by the editor of ‘Janus’, who was concerned about police victimisation of some publishers, while others were untouched

Some speakers were unsure that parliamentary action could really achieve anything of value, and felt that “the gay world is moving towards a violent stand, like that now happening in N. Ireland”, and that there was an increasing tendency for homosexuals to come together and not to rely on others to speak for them. “Gay people should live their lives openly, and that will help to change society at the grassroots”.

While some people present apparently endorsed this view, it was felt by others that in trying to improve the present situation, less ideal methods were essential, such as contact ads. and Denis Lemon of Gay News confirmed the paper’s intention to continue running ads. Antony Gray of NFHO said that in his view, advertisements were a comparatively ‘trivial’ issue, and that he felt that increased activity in parliament could really lead to improvements – By the law of averages, he calculated, there must be 30 gay MPs, so “Where are they?” Will Hamlyn, closing the meeting, felt that this might be an under-estimate, but that legislative improvements would, at best, be slow to come, and that there was a lot more to be achieved by individuals coming together and taking action at all levels.

Perhaps one comment on the meeting is “Never mind your half-a-loaf, Mr. Levin – we are going to make our own bread”.

The 1967 Confidence Trick (1)

Law or Sexuality. Which Corrupts?

02-197206XX 2Do you believe that the 1967 Act solved everything? That it gave you the same rights as anyone else. Well, take very careful note of the words of one of their high and mighty lordships (Lord Reid) in deciding that IT was breaking the law in publishing gay personal ads. According to him, and therefore the law, there is “a material difference between merely exempting certain conduct from criminal penalties and making it lawful in the full sense.” In plain English, it’s legal, but then again, it isn’t. To the corrupt minds of their lordships, of the police, and of everyone else in a position of power over you life and mine, our homosexuality is a “vice”, a “perversion”, an “abnormality”.

It cannot be said too often that homosexuality, like any other sexuality, is about life, about people, about love, and not just about sexual practices. That human beings cannot be classified into “normal” and “abnormal”, they are simply different from one another. There is no such thing as “sexual normality”, but if “normality” means the sexual preference of the majority of the population, then it would not be heterosexuality, homosexuality or even bisexuality, but sexuality without a fixed direction. The unpleasant, impersonal things of gay life, like the cottages and sauna baths, the overpriced clubs and pubs are a result of the fear and shame specifically created by the law, because the law forbids us to meet freely as everyone else can, to advertise freely as everyone else can. To live openly and freely is our right, but the law denies this, depressing us into a less than full existence, treats us as less than human. If the way we live is depraved and corrupt (and I most strongly contend that it is not), then it is the law which is responsible for that and not our sexuality.

Which is more reprehensible – two people making love (or having sex together), or a whole organisation of people dedicated to isolating. punishing and discriminating against ordinary human beings became they make love? Which is depraved? Which is corrupt? Which harms others? Do we seek to keep any group of individuals down, to deny them less than their full rights as fellow human beings, to damage and control them because of their sexual preferences?

Look at the letters reprinted here – they are from organisations of gays working for our rights. Then consider what the law has said. It doesn’t take much to work out who cares about people, and who is depraved and corrupt


THE TIMES 19th June, 1972

HOMOSEXUALS AND THE LAW

From Mr Antony Grey and others

Sir, the undersigned are chairmen of organizations with a combined membership of over 5,000, representing the welfare of homosexual men and women throughout Britain. We have read with the gravest concern The Times’s report (June 15) of the House of Lords judgment in the case of Knullar (Publishing, Printing and Promotions) Ltd v Director of Public Prosecutions.

The effect of this would seem to be that homosexuals are prohibited from making contact with one another for non-criminal purposes through the public press – a freedom which is not denied, so far as we are aware to any other group of Her Majesty’s subjects. We deplore the House’s apparent judicial belief that homosexuals “corrupt” one another, and we are impelled to seek urgent Parliamentary action to clarify, and if necessary amend. Lord Reid’s dictum in relation to the Sexual Offences Act 1967 that there is “a material difference between merely exempting certain conduct from criminal penalties and making it lawful in the full sense”.

It was the clear wish of Parliament as expressed in that Act – supported, according to opinion polls, by two-thirds of the population – to relieve adult homosexuals of a criminal stigma which had brought much suffering to individuals and wastage to the community. Are we now to understand that this objective has been circumvented by the courts?

This seems a ludicrous and unintended outcome of reform. It is also lamentable that such old fashioned and ignorant views about the nature of homosexuality apparently still persist in high judicial quarters (eg Lord Hailsham’s quaint notion, expressed on television this week, that it is simply a “vice”). We think it is time for those who lay down the law to do some elementary psychological homework.

Yours faithfully.
ANTONY GREY,
Chairman, National Federation of Homophile Organizations,
MARJORIE BRYANTON,
General Secretary, NFHO,
TONY CROSS,
Chairman, Integroup.
IAN C. DUNCAN,
Chairman, Scottish Minorities Group.
BRENDA GODFREY,
Chairman, New Group, Manchester.
ALLAN HORSFALL,
Chairman, Campaign for Homosexual Equality,
SHARON M. MURRAY, North Eastern Women’s Group,
65 Shoot-up Hill, NW2
June 19.

The Scotsman, 21st June, 1972

PUBLIC MORALS

214 Clyde Street. Glasgow,
June 16, 1972.

Sir, – The decision by the House of Lords on Wednesday, 14th June, that the publishers of “It” had been rightly convicted on a charge of conspiring to corrupt public morals by inserting “gay” advertisements in the magazine, cannot be allowed to pass by without comment.

That conspiracy to corrupt public morals was a crime known to the law of England, was decided by the House of Lords in the “Ladies Directory Cae” in 1962. This decision adversely affected the defences provided by Section 2(4) of the Obscene Publications Act, 1959 where the essence of the offence was “tendency to deprave and corrupt” The Solicitor-General assured the House of Commons on 3rd June 1964 that “a conspiracy to corrupt public morals would not be charged so as to circumvent the statutory defence in Section 4,” but no effective action was ever taken by Parliament to draw the legal professions notice to this directive.

In the “It” case, it is important to remember that the prosecution made no point whatsoever that males under 21 would likely to reply to the advertisements.

The appellants argued that because homosexual acts between mades in private were now lawful by the provisions of the Sexual Offences Act 1967 (both parties being over 21), it could not therefore be the law that other persons were guilty of an offence if they merely put in touch two males who would, perhaps, indulge in perfectly lawful activity. This argument was dismissed by their Lordships, who, in a very narrow reading of the 1967 Act, said that if people chose to corrupt themselves in that way it was their affair and the law would not interfere, but no licence was given to others to encourage the practice.

The effect of this deliverance must be gloomy news indeed for all those who hoped for more understanding towards the many problems which millions of homosexual men and women have to face. How are like-minded men and women to meet in a lawful manner? No other minority group in Britain is today discriminated against in such a total way. The decision must adversely affect the gradual improvements being won by such organisations as the Scottish Minorities Group who over the past two or three years have been talking with the caring professions and encouraging new thinking towards counselling homosexuals. What now happens when a doctor, a clergyman, a social worker or a lawyer introduces two isolated men with the express aim of bringing about a happy and creative union? We are told that the law is being broken. It is a fallacy that homosexuals usually wish to meet for the purposes of having sexual intercourse. A principal aim of the SMG is to organise social occasions where homosexuals can meet, and thus banish the foul atmosphere of the public bath and the public lavatory.

And in doing just this, SMG has been highly successful. ls this useful activity now to be viewed with opprobrium?

Neither the 1959 Obscene Publications Act, nor the 1967 Sexual Offences Act apply to Scotland. However, we are assured that “in practice the law in enforced in Scotland in much the same way as it is in England” (Civil Liberty – The NCCL Guide, p. 293). The effect of the House of Lords’ decision is to throw

P.T.O.

The 1967 Confidence Trick (2)

02-197206XX 3(from page 3)

into doubt all the good work achieved by people who have no connection with obscene publications, but whose first desire is to create a caring and happy society. Fresh legislation is now imperative in the light of this recent development. – I am etc.
IAN C. DUNN, Chairman,
Scottish Minorities Group.

From The Evening Standard, 26th June, 1972.

 

NOW – A GAY PRIDE DEMO

Sir: Milton Shulman’s article ‘Dockers and Homosexuals’ accurately portrays the effects of the recent Appeals decision. Any ordinary person who has been involved in a trial cannot fail to be astounded at how out of touch with present reality most judges seem to be.

What the I.T. decision does is to put many persons, including myself, in peril of arrest, trial and umprisonment. On July 1, there will be a GayPride Demo in Trafalgar Square. The purpose of this clearly is to advocate homosexual practice for homosexuals and to protest against the continued oppression of homosexuals in our society, the 1967 Act notwithstanding. I, and other gay people will continue to defy this absurd law. To be arrested for advocating legal activity is something only a judge would appear not to find ludicrous. Let Parliament speedily remedy the situation or vote money to house a rapidly expanding prison population.

Warren Hague (address supplied)

 

The Guardian, 19th June, 1972

HOMOSEXUALS IN ISOLATION

Sir,
The law acknowledges the right of homosexuals to make love. By rejecting IT’s appeal, the House of Lords continues to support the law’s illogical refusal to allow homosexuals to meet. There an no circumstances under which they can meet. Not in the streets, which is importuning; not in properly conducted social clubs because none is allowed to exist.

Such repression encourages recourse to a few dubious pubs and furtive drinking clubs that cater for homosexuals; it encourages desperate efforts to make contact in public with the consequent risk of police prosecution. It encourages the growth of increasingly militant homosexual organisation. It throws and is throwing, an increasingly large burden on the Samaritans and other social service groups – the only people that the isolated homosexual knows he can turn to.

To use the Ladies Directory case (a list, I understand, of prostitutes) as a precedent for dealing with ordinary homosexual people is appalling enough. But their Lordships decision represents a major piece of discrimination against a section of the community that i,. numerically, larger than our coloured population. The House of Lords was dealing with one underground newspaper; their decision affects the very real needs of isolated people all over the country.
Yours faithfully,
ROGER BAKER
Flat F. 23 Great James Street
London WC1.

 

THE EVENING STANDARD
20th June, 1972.

GAY ADVERTISING

With regard to your news story (June 14) Lords in Clash on Gay Advert, I and the members of the Gay News, would like to point out that we will be carrying personal advertisements for gays of all sexes. We consider it the right of homosexuals to advertise in this way if they so wish, and can see no earthly reason why gays should not be able to do the same as heterosexuals. Hopefully, one day it will not be necessary for any people, no matter what their sexual preference, to advertise in this way. Until gays an free from the isolation imposed on them by society and people in general are released from the misguided taboos that surround sex and sexuality. Gay News will carry personal ads, no matter what the penalty.

Gay News is a national fortnightly paper for gay men and women and will he available this week. – DENNIS LEMON, Gay News, 19 London Street, W.2.