Gay Free Zone conviction is disturbing

Why did a few anti-gay stickers in East London provoke an outcry by gay groups, while far worse homo

The negligible media coverage of Mohammed Hasnath's conviction is rather surprising. His case has since prompted explosive claims of judicial
homophobia, the criminalisation of free speech and the failure of the lesbian, gay, bisexual and transgender (LGBT) communities to challenge Islamist homophobia.

Hasnath, aged 18, was found guilty of posting homophobic stickers in London's East End. The stickers declared the area a "Gay Free Zone" and
advised: "Arise and warn...And fear Allah: Verily Allah is severe in punishment."

These stickers were wrong and clearly motivated by homophobic prejudice. Such prejudice - indeed all prejudice - needs to be challenged.

Disturbingly, it appears that Hasnath has fundamentalist sympathies. On his Facebook page he lists Sheikh Khalid Yasin as one of his interests:

Yasin is on record as abusing "homosexuals" and saying they should be put to death.

There are, however, several troubling aspects to Hasnath's conviction.

He was fined a mere £100. If the stickers had declared East London a Jewish, black, Catholic or Muslim free zone Hasnath would have been almost certainl convicted of a racially or religiously aggravated hate crime and jailed. Why the leniency? Why the double standards? It looks like judicial homophobia.

Hasnath is an easy, convenient scapegoat. He was a lowly foot soldier. There is no evidence that he organised the Gay Free Zone campaign. The slow, secretive police investigation did not inspire confidence. Officers failed to apprehend the master-minds who produced the stickers and then distributed them to people like Hasnath. They've got away with it.

Hasnath was convicted using a discredited, authoritarian law, Section 5 of the Public Order Act 1986, which has been used repeatedly to suppress
peaceful, legitimate protests by human rights defenders, including LGBT campaigners.

This is what happened to members of OutRage! when six of us protested against 6,000 members the Islamist group, Hizb ut Tahrir, outside their mass rally at Wembley Arena in 1994.

They called for the killing of gays, apostates, Jews and unchaste women. They were not arrested but we were. Our crime? Displaying placards that
condemned Hizb ut Tahrir's incitement to murder. Although our placards did nothing more than factually expose the fundamentalist's violent homophobic agenda, it was deemed that they were distressing and offensive.

Section 5 is draconian and sweeping. It prohibits behaviour likely to cause "harassment, alarm or distress". Yes, even causing mere distress to
faint-hearts is now a crime.

This law can be abused to criminalise almost any words or actions. Campaigns against religious homophobia, like the OutRage! protest at Wembley, have many times resulted in LGBT activists being arrested under Section 5 for causing distress to homophobes and their religious supporters. We should not be rejoicing that the court used against Hasnath a harsh law that has so often been used unjustly against us. There is other, more credible, legislation that could have been used to bring him to justice.

The court's ruling in the Hasnath case broadens the criminalising nature of Section 5. Well meaning District Judge Jeremy Coleman said: "I think you used these stickers deliberately to offend and distress people, you certainly succeeded in doing that....You have upset people and they deserve an apology, you are not entitled to behave in this way."

The judge suggested that not only is causing distress a crime, but so is offending people and making them upset. Causing upset is, in my view, a much too low threshold for criminalisation. After all, almost anything that anyone says or does has the potential to cause someone upset, including
teaching evolution, advocating abortion and suggesting that religion is a form of superstition.

Under Judge Coleman's particularly wide interpretation and application of Section 5, most of the population are criminals. If we accept that causing
upset should be illegal, as he implied at the Hasnath hearing, we risk closing down free and open debate and criminalising all manner of dissentingopinions and alternative lifestyles that some people might find upsetting.

Freedom of expression is one of the most important of all human rights. It should be only restricted in extreme and very limited circumstances. The
open exchange of ideas - including unpalatable ideas - is a hallmark of a free and democratic society. There is no right to be not distressed, upset
or offended. Some of the most profound ideas in history - such as those of Galileo Galilei and Charles Darwin - caused great distress and offence in
their time. While bigoted opinions should always be challenged, in most instances only explicit incitements to violence and damaging libels (such as false allegations of tax fraud or child abuse) should be criminalised.

Moreover, why did the Hasnath stickers provoke howls of rage from the LGBT community, when far worse homophobia in the same area of East London stirred hardly a murmur of protest? I don't recall any campaigns by LGBT groups or anti-fascist organisations in response to the wave of horrific queer-bashing attacks in the East End. Surely this actual physical violence - which left at least one gay man permanently disabled - is much more deserving of protests than a few stickers? Where is the LGBT outcry over homophobic assaults?

Nor can I remember any protests when the East London Mosque / London Muslim Centre hosted a series of virulently homophobic speakers, including Uthman Lateef and Abdul Karim Hattim. The latter gave lecturers in which he invited young Muslims to "Spot the Fag." Watch here.

The East London Mosque / London Muslim Centre helped create the atmosphere of hatred that has poisoned the minds of many Muslim youths, probably including Hasnath who worshipped there. They have never apologised for hosting homophobic hate preachers and have never given any assurances that they will not host them again in the future. Apart from OutRage!, no LGBT groups have publicly demanded that they do so. Why the silence from LGBT organisations that are supposedly dedicated to fighting homophobia?

Equally, there were no protests when Abdul Muhid openly incited the murder of gay people in East London and when the Crown Prosecution Service refused to bring him to trial. In my opinion, encouraging murder is many times more serious and dangerous than calling for a Gay Free Zone. Again, no protests by LGBT groups.

When OutRage! stood alone in challenging Muhid and the East London Mosque /London Muslim Centre we were denounced by some people as racists andIslamophobes. This is nonsense. We never attacked anyone because of their race or religion. We condemned their homophobia, in the same way that wecondemn the homophobic bigotry of fundamentalists of all faiths.

Many LGBT campaigners are now terrified of similar false, malicious allegations of racism or Islamophobia. To avoid such smears, they shy away
from robust responses to homophobia when it comes from religious and racial minorities. This inaction is de facto collusion with homophobia.

For information about Peter Tatchell's human rights campaigns and to make a donation: www.petertatchell.net

Peter Tatchell is Director of the Peter Tatchell Foundation, which campaigns for human rights the UK and worldwide: www.PeterTatchellFoundation.org His personal biography can be viewed here: www.petertatchell.net/biography.htm

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Gender pay gap: women do not choose to be paid less than men

Care work isn’t going anywhere – and it’s about time we recognised which half of the population is doing it, unpaid.

Is it just me, or does Mansplain The Pay Gap Day get earlier every year? It’s not even November and already men up and down the land are hard at work responding to the latest so-called “research” suggesting that women suffer discrimination when it comes to promotions and pay. 

Poor men. It must be a thankless task, having to do this year in, year out, while women continue to feel hard done to on the basis of entirely misleading statistics. Yes, women may earn an average of 18 per cent less than men. Yes, male managers may be 40 per cent more likely than female managers to be promoted. Yes, the difference in earnings between men and women may balloon once children are born. But let’s be honest, this isn’t about discrimination. It’s all about choice.

Listen, for instance, to Mark Littlewood, director general of the Institute of Economic Affairs:

“When people make the decision to go part time, either for familial reasons or to gain a better work-life balance, this can impact further career opportunities but it is a choice made by the individual - men and women alike.”

Women can hardly expect to be earning the same as men if we’re not putting in the same number of hours, can we? As Tory MP Philip Davies has said: “feminist zealots really do want women to have their cake and eat it.” Since we’re far more likely than men to work part-time and/or to take time off to care for others, it makes perfect sense for us to be earning less.

After all, it’s not as though the decisions we make are influenced by anything other than innate individual preferences, arising from deep within our pink, fluffy brains. And it’s not as though the tasks we are doing outside of the traditional workplace have any broader social, cultural or economic value whatsoever.

To listen to the likes of Littlewood and Davies, you’d think that the feminist argument regarding equal pay started and ended with “horrible men are paying us less to do the same jobs because they’re mean”. I mean, I think it’s clear that many of them are doing exactly that, but as others have been saying, repeatedly, it’s a bit more complicated than that. The thing our poor mansplainers tend to miss is that there is a problem in how we are defining work that is economically valuable in the first place. Women will never gain equal pay as long as value is ascribed in accordance with a view of the world which sees men as the default humans.

As Katrine Marçal puts it in Who Cooked Adam Smith’s Dinner?, “in the same way that there is a ‘second sex’, there is a ‘second economy’”:

“The work that is traditionally carried out by men is what counts. It defines the economic world view. Women’s work is ‘the other’. Everything that he doesn’t do but that he is dependent on so he can do what he does.”

By which Marçal means cooking, cleaning, nursing, caring – the domestic tasks which used to be referred to as “housework” before we decided that was sexist. Terms such as “housework” belong to an era when women were forced to do all the domestic tasks by evil men who told them it was their principal role in life. It’s not like that now, at least not as far as our mansplaining economists are concerned. Nowadays when women do all the domestic tasks it’s because they’ve chosen “to gain a better work-life balance.” Honestly. We can’t get enough of those unpaid hours spent in immaculate homes with smiling, clean, obedient children and healthy, Werther’s Original-style elderly relatives. It’s not as though we’re up to our elbows in the same old shit as before. Thanks to the great gods Empowerment and Choice, those turds have been polished out of existence. And it’s not as though reproductive coercion, male violence, class, geographic location, social conditioning or cultural pressures continue to influence our empowered choices in any way whatsoever. We make all our decisions in a vacuum (a Dyson, naturally).

Sadly, I think this is what many men genuinely believe. It’s what they must tell themselves, after all, in order to avoid feeling horribly ashamed at the way in which half the world’s population continues to exploit the bodies and labour of the other half. The gender pay gap is seen as something which has evolved naturally because – as Marçal writes – “the job market is still largely defined by the idea that humans are bodiless, sexless, profit-seeking individuals without family or context”. If women “choose” to behave as though this is not the case, well, that’s their look-out (that the economy as a whole benefits from such behaviour since it means workers/consumers continue to be born and kept alive is just a happy coincidence).

I am not for one moment suggesting that women should therefore be “liberated” to make the same choices as men do. Rather, men should face the same restrictions and be expected to meet the same obligations as women. Care work isn’t going anywhere. There will always be people who are too young, too old or too sick to take care of themselves. Rebranding  this work the “life” side of the great “work-life balance” isn’t fooling anyone.

So I’m sorry, men. Your valiant efforts in mansplaining the gender pay gap have been noted. What a tough job it must be. But next time, why not change a few nappies, wash a few dishes and mop up a few pools of vomit instead? Go on, live a little. You’ve earned it. 

Glosswitch is a feminist mother of three who works in publishing.