Monday, November 16, 2009

People Must Be Free to Hold Intolerant Views about Homosexuality

THE TELEGRAPH: Ministers seem set on eroding yet another safeguard to our liberty, says Philip Johnston.

An important blow for free speech was struck in the dying hours of the last parliamentary session, despite a desperate rearguard action by the Government to quash it. Ministers wanted to remove a protection inserted into a law, passed only last year, which made it an offence to express hatred of homosexuals. But they were twice beaten back in the Lords and eventually ran out of time.

They may try again in the coming session that starts on Wednesday, the last before the general election.

This story encapsulates much that has been so pernicious about the 12 years of misrule to which the country has been subjected. No one can remember a government returning in the very next session to try to undo something to which it had agreed (albeit reluctantly) in the preceding parliamentary term. The free speech protection was proposed by Lord Waddington, a former Home Secretary. It stated: "For the avoidance of doubt, the discussion or criticism of sexual conduct or practices or the urging of persons to refrain from or modify such conduct or practices, shall not be taken of itself to be threatening or intended to stir up hatred."

This was done for a purpose. There are too many instances of people being questioned by the police under existing public order legislation for holding views that may be considered offensive or intolerant for yet another measure to be passed without setting out the circumstances in which it is meant to be used. These instances include a grandmother, Pauline Howe, who was visited by two constables because she wrote to her local council to complain about a gay rights march and what she considered a "public display of indecency". She was told she might have committed a "hate crime".

A similar experience befell Joe and Helen Roberts, a Christian couple lectured by Lancashire police on the evils of "homophobia" after criticising gay rights in a letter to Wyre Borough Council. A few years ago, Lynette Burrows, a family campaigner, was the target of a police inquiry after saying on the radio that she did not believe homosexuals should be allowed to adopt. Sir Iqbal Sacranie, the former head of the Muslim Council, had his collar felt, as did the Bishop of Chester for making remarks in a religious context that no sane person could have taken as stirring up hatred against homosexuals. The most preposterous example was the Oxford student who was arrested and threatened with prosecution for calling a police horse gay. >>> Philip Johnston | Monday, November 16, 2009