The UK Government is attempting to overturn a crucial free speech protection added last year to a law prohibiting ‘hate crimes’ against homosexuals.
The free speech protection makes it clear that criticising homosexual practice or urging people to refrain from such conduct cannot be counted a hate crime. It was added last May to the new offence of ‘incitement to homophobic hatred’ after a late night victory in the House of Lords.
But in clause 58 of its new Coroners and Justice Bill, the Government is attempting to remove the protection.
The offence of inciting anti-homosexual-hatred is aiming at banning any words or behaviour which are threatening and intended to stir up hatred. It carries a maximum seven year prison sentence.
At the time, its proponents argued that no genuine Christian would say or do anything to fall within that definition.
However, there was strong concern that the new law could be used to silence all religious criticisms of homosexual behaviour no matter how moderate.
The protection, which was added by former Home Secretary Lord Waddington, reads: “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”.
These are the words the Government is seeking to delete from the law.
In 2006, a free speech amendment was added to a similar law against inciting religious hatred, despite Government attempts to block it.
This amendment is much more wide-ranging than the one attached to the anti-homosexual-hatred law, but no attempt has been made by the Government to remove it.