You are seen by many as a key figure in the advancement of gay rights in Britain. An icon for a more tolerant and accepting society.
Before that, you were a Headmaster. At Shrewsbury School.
We have a room at School named after you. Lord John (aka ‘Jack’) Wolfenden. Imaginatively, we call it the Wolfenden Room. This honours you as a former Headmaster of Shrewsbury School (1944-1950).
However, your name is more widely associated with the ground-breaking report published in 1957 that bears your name: The Wolfenden Report.
After you were Headmaster of Shrewsbury, you went on to be Vice-Chancellor of Reading University, Director of the British Museum, a life peer in the House of Lords, and a very influential figure in public life. (So, there’s hope for me yet!)
Male homosexuality had been illegal in England since an act of parliament in 1533. Female homosexuality was never specified in law. It has never been illegal to be a lesbian; neither was is tolerated, accepted or spoken about until relatively recently. The law became more emphatic in 1885 with the Criminal Law Amendment Act, which made all homosexual acts illegal, even those carried out in private.
After WWII, arrests and prosecutions for homosexuals increased. For example Alan Turing, the cryptographer who helped to break the German Enigma code, was victimised for his homosexuality. Charged with ‘gross indecency’, he was forced to choose between prison or hormone treatment. He also lost his job. His death in June 1954 was treated as suicide. All caused by the attitudes of his time.
Turing’s case, and those of other high profile individuals such as the actor John Gielgud, led the government to set up a Departmental Committee of 11 men and 4 women to consider both homosexual offences and prostitution. Jack Wolfenden was appointed Chair of the Committee.
The committee first met on 15 September 1954 and over three years sat 62 times. Much of this time was taken up with interviewing witnesses. Interviewees included judges, religious leaders, policemen, social workers and probation officers.
During the time the committee sat, you discovered that your own son was homosexual.
Your influential report put forward the recommendation that ‘homosexual behaviour between consenting adults in private be no longer a criminal offence’.
Two members of the committee had resigned during the process and one remaining member of the committee openly disagreed with the recommendation. But, the recommendation was made. And it was a pivotal moment in the advancement of gay rights.
The report recommended decriminalising homosexuality. Although the report condemned homosexuality as ‘immoral and destructive’, it concluded that the law’s place was not to rule on private morality or immorality. It also said that outlawing homosexuality was a civil liberties issue.
It took a long time for the report to convert into law. There was plenty of opposition.
The Home Secretary who had commissioned the committee didn’t actually like the findings – he has hoped the committee would recommend tougher legislation against homosexual acts between men.
This gives us some sense of the heavily dominant assumptions of the time.
Instead, the report proposed that there ‘must remain a realm of private morality and immorality which is, in brief and crude terms, not the law’s business’. The report’s findings were debated in Parliament but a motion in 1960 to implement the report’s findings was lost and efforts to implement the report’s findings were stalled.
The Sexual Offences Act passed in Parliament in 1967, 10 years after the publication of the report. Based on the Sexual Offences Bill, the Act relied heavily on the Wolfenden report and decriminalised homosexual acts between two men who were both consenting and both over the age of 21.
The Act, when it did arrive, applied only to England and Wales. (Scotland decriminalised homosexuality in 1980 and Northern Ireland in 1982.)
It should be said that there is a big difference between decriminalisation and legalisation. Peter Tatchell, the well-known contemporary gay rights activist, commented on the 60th anniversary of the Wolfenden Report in 2017:
“The report did not urge the repeal of anti-gay laws, merely a policy of non-prosecution in certain circumstances. The existing, often centuries-old laws were to remain on the statute book under the heading “unnatural offences”.
In other words, by only moving a little bit in the direction of acceptance, the 1957 report was just a bit less prejudiced – it was hardly emancipatory. It is one thing to decriminalize; quite another to actively accept.
How does history judge you, John ‘Jack’ Wolfenden? Well, it is only fair to judge the Report in the context of the attitudes of 1950’s Britain. In this context, it was pivotal.
The Wolfenden report began an important process that ultimately led to the decriminalisation of homosexuality in Britain. And beyond that, paved the way for further breakthroughs in equality legislation. Much more recently, Parliament passed the Marriage (Same Sex Couples) Act in 2013 which introduced civil marriage for same-sex couples in England and Wales.
Judged by the standard views of your time, we can justifiably view you as an influential reformer – a champion of greater acceptance of diversity in matters of sexual orientation. You triggered a change moment – one that set off a slow and sometimes stuttering progression towards fair treatment for all sexual orientations – one that is ongoing today.
What else do I learn from you, my predecessor, dear Jack? At least these three things:
- That deep change takes time – steps, increments, the occasional leap; some things can be done quickly, often the most important things take time.
- That this is particularly true of cultural attitudes – shifting dominating moralities and enabling pluralism takes time; you don’t often get there in one glorious jump
- That deep change requires leadership – it takes determination, persistence – it requires courage – one of our 6 Salopian virtues.
I think that all at associated with Shrewsbury should feel quietly proud of the link between us and you, Baron John ‘Jack’ Wolfenden. You provide an inspirational example of the willingness to challenge received ideas; to re-shape thinking (your own and others’); and to push doggedly yet respectfully for a more tolerant, fairer society.