UK: Outlawing 'gay hate' would create a thought crime

By Janet Daley
November 12th, 2009

The government is trying to pass a law on “homophobic hatred” by the end of this parliamentary session which would make it a crime to criticise homosexual conduct or practice. They are determined to overturn repeated attempts by the House of Lords to insert a “free speech” clause into the Bill which would distinguish between acts of discrimination or victimisation, and the mere utterance of disapproval or condemnation.

The distinction between words and acts is absolutely fundamental to a free society. There is no question that the persecution of minority groups can and should be unlawful: to make it illegal to carry out actions of this kind is the prerogative of a democratic legislature. But to declare the expression of thoughts or feelings illegal is something else altogether. Of course, there is an area where language and action overlap: we already outlaw speech when it is incitement to violence whether against groups or individuals. No additional legislation would be needed to prosecute someone who called for the murder of gays – or Jews or Muslims. (Indeed, precisely this question arose when the law against “religious hatred” was going through Parliament. The Lords did succeed in introducing a “free speech” clause to that Bill but there seems to be more resistance, perhaps surprisingly, to such an addition in the case of “homophobia”.) the rest