Published by University of Bristol

A grounding in the queer history of the legal system in the United Kingdom reveals striking parallels between the moral panic leading to the enactment of Section 28 of the Local Government Act 1988, and the current moment’s discourse surrounding the inclusion of transgender people in social spaces and their potential right to self-identification of gender in law. Through use of moral panic theory, this article examines and contextualizes the historical forces at play in the formation of laws around queer and trans lives in the UK, and in particular the instrumentalization of fears over the safety of children and cisgender women. The article also provides a practical example of the influence of the trans moral panic on law reform, by evaluating the debate surrounding the Gender Recognition Reform (Scotland) Bill 2022. It concludes that there is no ‘gender crisis’ in the UK, but there are powerful social forces at work to stoke a moral panic and, in doing so, stigmatize and alienate trans people in a similar manner to the stigmatization of homosexuality as an illegitimate way of life under Section 28.

The criminalisation and repression of climate and environmental protest is problematic for at least two main reasons. First, it focuses state policy on punishing dissent against inaction on climate and environmental change instead of taking adequate action on these issues. In criminalising and repressing climate and environmental activists, states depoliticise them. Second, they represent authoritarian moves that are not consistent with the ideals of vibrant civil societies in liberal democracies.

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Governments, legislatures, courts and police forces should operate with a general presumption against criminalising climate and environmental protests. Instead, climate and environmental protest should be regarded as a reasonable response to the urgent and existential nature of the climate crisis, and activists engaged as stakeholders in a process of just transition.