Banning the anti-gay bus advert is wrong. Free speech trumps offensiveness

In a free society there is no right to not be offended, and the right to free speech extends to those with whom we disagree, too.

 

The High Court violated an important principle of free of expression when it ruled today that Transport for London was justified in banning "ex-gay’ adverts on London buses.

The decision has been welcome by the gay lobby group Stonewall, but not by me.

I agree that the bus adverts - promoted and defended by fringe Christian groups - were homophobic and offensive. They insinuated that gay people can be cured of their homosexuality. This is untrue and misleading. However, the language of the adverts was not abusive, menacing or threatening.  

On balance, on the grounds of free speech, the adverts should not have been banned. 

In her ruling, the judge, Justice Lang, seemed to accept the suggestion that the wording risked increasing public prejudice and hate crime. This is doubtful. 

The banned adverts on London buses read: "Not Gay! Ex-Gay, Post-Gay and Proud. Get over it!"

The advert wording was not intemperate or inflammatory. It was wrong but polite. It was not stated in terms that would easily excite hostility towards lesbian, gay, bisexual and transgender (LGBT) people.

The organisation that placed the adverts, Core Issues Trust, promotes the false idea that gay people can turn straight.

However, the adverts did not directly make this claim.

I disagree with the gay conversion therapies of the Core Issues Trust. I think they cause harm. They delude vulnerable LGBT people and give them false hope that they can change their sexual orientation. The ex-gay prospectus is false.

I have recently challenged the ideas and methodology of the Core Issues Trust, and will continue to do so - using reason, logic and empirical evidence to refute their claims.

Core Issues Trust is hypocritical. It would never demand or defend a similar message directed at the black, Jewish or disabled communities, urging them to disavow their identity and heritage. Such a message would rightly provoke public outrage. So why are the Core Issues Trust and their Christian fundamentalist supporters - like Christian Concern and the Christian Legal Centre - pushing this message to the LGBT community? It looks two-faced.

Justice Lang made her decision to uphold the advert ban on the grounds that they were gravely offensive to gay people. She is right. They are offensive but being offensive is not a legitimate basis for banning anything.

In a free society there is no right to not be offended. Almost anything that anyone says can potentially be deemed offensive by someone. The law should not cater to the sensitivities of any section of the public. If it did, many adverts, plays, books and films would be banned.

Given that Transport for London allowed Stonewall’s advert - "Some people are gay. Get over it!" - it seems double standards to ban the counter message of the Core Issues Trust.

Banning these adverts reminds me of the bad old days when gay advertisements were banned on the grounds that they were offensive. For decades, LGBT helplines, youth groups and campaign organisations faced bans on advertising their services.

It is not right for the LGBT community to turn around and adopt the oppressive, anti-free speech tactics of our past oppressors.

>Free speech is one of the most important of all human rights. It should only be limited in extreme circumstances, such as when people abuse it to incite violence or harass and intimidate others.

Free speech is for everyone - even those with whom we disagree.

Peter Tatchell is the director of the Peter Tatchell Foundation

London buses passing through Trafalgar Square. Photograph: Getty Images

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

Photo: Pablo via Creative Commons
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Is Lithuania still homophobic? My girlfriend and I held hands to find out

The Lonely Planet guide warned that for gay and lesbian travelers, "small displays of public affection can provoke some nasty responses".

It’s midnight somewhere on the greyish outskirts of Vilnius, and my girlfriend has just burst out laughing. Our Uber driver starts laughing too. Nonplussed, I scan the oppressively functional Soviet-era architecture we’re driving past for literally anything funny.

Then I see them. A series of panels above the stairway to a basement bar; photos of topless blonde men with glistening six packs. This is – as is usually the case – either a tribute to the most homoerotic scenes in Leni Riefenstahl’s Triumph of the Will, or something deliberately gay. And 99 out of 100 it’s the latter, this being no exception.

Soho Club is the most out-of-context gay venue I’ve ever seen. It sits on a poorly lit street on the edge of Lithuania’s capital, almost as if it’s been plucked out of the city centre and dumped there.

Given the staunchly Catholic and formerly communist Baltic state’s uneasy relationship with its LGBTQ community, this wouldn’t be particularly surprising.

According to the Lonely Planet guide to the Baltic States for gay and lesbian travelers, "small displays of public affection can provoke some nasty responses".

Homosexuality was only decriminalised here in 1993. And, any legislative victories aside, a 2009 poll found that attitudes amongst the population were much the same as the pre-1993 days. Eight in ten respondents considered homosexuality to be anywhere between a perversion and a disease. 

Such a gay-hostile place probably seems like an odd choice for a romantic getaway with my girlfriend, on my birthday weekend. Then again an itinerary like ours, which includes a visit to the both the Museum of the Victims of Genocide, and the Holocaust exhibition at the Jewish museum, is hardly "gondola ride in Venice" or "Eiffel Tower at sunset". This is a stark, ex-Soviet, mostly-raining introduction to being gay outside of the liberal London bubble. Which is to say: dreamy.

Having said that, Vilnius’s cobbled old town is beautiful and, compared to other more mainstream Eastern European capitals, decidedly less stag night-y. Same-sex couples, it turns out, can be drawn to a city for features other than its queer nightlife. 

On the short walk from Vilnius’s central train station to our Airbnb, we passed a mural of Donald Trump smoking a spliff and giving Vladimir Putin blowback. A definite tribute to the gay kiss between the USSR's Brezhnev and East Germany's Honecker depicted on the Berlin Wall.

It was hard to tell what this said about the area’s attitude towards queers, but it was on the side of a bar that’s blasting out Black Lips and full of Lithuanian hipsters in their twenties. Say what you like about hipsters, they are not known for gay-hate. It was difficult to imagine anyone in there giving much of a shit about our sexuality.

At the Airbnb, we were greeted by one such Lithuanian hipster. She was about 20 and seemed a little nervous speaking to us, even though her English was near fluent.

The flat – an immaculate new build – was decked out in Ikea classics. Like the bar with the homoerotic Trump/Putin mural, anywhere with a Malm just seems to radiate gay-friendliness. It’s both sterile and PC. Like the Lib Dems, or a free sachet of lube.

Our host gave us a brief lesson in how to work the flat, before saying a polite goodbye. We’d just started unpacking when there was a knock on the door. It turned out the host had done a 180.

"One last thing," she said, "Do you need an extra duvet, or are you… sharing the bed?"

OH GOD, I thought. This is it. This is the kind of shit you read about. You never do read about anything good.

"Yeah, we’re sharing," I said, feeling both – I hate to say – embarrassed about being in a same-sex relationship, and embarrassed about being embarrassed about being in a same-sex relationship.

"OK, cool. No questions!" said the host, before disappearing into the afternoon at the speed of sound.

"No questions," I repeated, "Hmm."

Just to be clear, no, this wasn’t exactly a hate crime. I’m also reluctant to judge a 20-year-old from a very religious country for – well – judging us. And anyway, maybe "no questions" meant "no judgment". Who am I to… judge?

We’d been in Lithuania for about an hour before my girlfriend and I decided to really test the water and hold hands in the street. Mostly, we were starting to wonder if we were being xenophobic by assuming Lithuanians were probably homophobic.

This, I suppose, is the point at which bigotry really starts to eat itself. Unfortunately though, almost the moment we held hands, a group of...shaven headed individuals, who wouldn’t look out of place in a modern day pogrom, walked past, staring us down as if we’d stopped there for a spot of mid-street fisting.

I made brief eye contact with one of them as I let go of my girlfriend’s hand as fast as a bottle of water at airport security.

"Oh," I said to her, when – as far as we knew – Vilnius’s only out homophobes were at a safe distance. "Yeah…" she said.

There are parts of the world – Uganda, Russia and, most recently, Chechnya –  where both socially and legislatively speaking, things are actually getting worse for queer people. But, the overarching narrative is "it gets better". Visiting anywhere with less good attitudes towards The Gays than I’m used to feels like a step back in time.

I wonder, in terms of acceptance of, say, two women holding hands, which decade in London is reflected in 2017 Vilnius. The 80s? The 70s? I’ve only been gay in London since 1989. And back then – as far as I know – I wasn’t a particularly dykey baby. 

So began a weekend-long game of political PDA. We walked through the cobbled streets of the old town, admiring baroque churches and wondering if we were allowed to be a couple near them.

Without a strict set of rules, every stranger’s glance is open to interpretation. My interpretation being, "Let’s just not make a scene, OK?", my girlfriend’s interpretation being, "Stop being paranoid and xenophobic. No one cares."

In the evening, as we sat in a busy restaurant eating zeppelins (remarkably dense Lithuanian potato dumplings, not airships) we spotted – lo and behold – what we (homophobically?) thought might be another gay couple.

Two men in their twenties stood waiting for a table. They had professionally shaped eyebrows. One of them had earrings. In Nineties terms, they were gay as fuck. At a dumpling joint in Vilnius, at ten at night, who the hell knows? And, more to the point, why the hell should they care? Well, when your relationship has been reduced – via queer invisibility – to a handholding battle, you’re kind of desperate to find another same-sex couple.

"Are they…" I said.

"They must be," she said.

"Should we…?"

"NO."

I’m not even too sure what I was asking we "should" do (speak to them? Buy them drinks? Demand a gay tour of Vilnius?), or why I was shut down without finishing my sentence. Whatever we should or shouldn’t have done, we didn’t.

But back to Soho Club. The car stops and we leave behind our bewildered and slightly too amused Uber driver. Tentatively, as if approaching an ancient Egyptian tomb by lamplight, we walk down the stairs past the muscle man panels.

The complete silence – not even interrupted by passing traffic – doesn’t exactly say "buzzing" or… "Soho". Inevitably, almost, the bar is closed. In fact, it’s arguably the most closed bar I’ve ever seen. We’ve turned up, ready to party with Lithuania’s finest gays, at a giant lead box. What’s more, we look around us and realise we’ve strayed into Murder Town.

On our way to the nearest bus stop, we pass a life-size fiberglass cow devoid of any explanation, and a lit-up poster that looks startlingly like an ad for dead babies. The streets get wider and desolate-er until we’re at a petrol station, holding hands out of pure fear. On my part at least. If this is Vilnius’s gay scene, I’d like to give it some kudos at least for quite strongly resembling a David Lynch film.

Having somehow not been sawn into pieces and turned into outsider art, we find ourselves back at Vilnius airport the next day. While idly internetting on her phone, my girlfriend notices our Airbnb host has reviewed us as guests.

"Leonore and her friend are very friendly people!" she wrote.

In all fairness, I have shared beds in Airbnbs with friends. And whether or not someone is tiptoeing around my sexuality like a puddle of something that may or may not be wee, it’s always nice to be considered friendly. And to have "friends".

Eleanor Margolis is a freelance journalist, whose "Lez Miserable" column appears weekly on the New Statesman website.

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