The criminal law discriminates in a number of other ways, for example, consensual adult sexual activity which takes place with a third adult present is completely legal for heterosexuals, but illegal for gay men. Furthermore, some police, prosecution authorities and courts still treat minor offences committed by two men or two women, for example, sexual activity in a secluded corner of a park, much more harshly than the same activity between a man and a woman. The Scottish Parliament should institute an immediate review of sex offences law, similar to that being conducted in England and Wales, with a remit to ensure that the law provides effective protection from sexual abuse and assault for all people, while removing the remaining discrimination on grounds of sexual orientation and gender identity. The Scottish Parliament should promote non-discriminatory policing and prosecution policies. Many young LGBT people have a miserable time.
Homophobic bullying is widespread in our schools.
No support structures exist for young LGBT people in most of Scotland. Teachers are inhibited from tackling homophobic bullying and from providing advice and support to young LGBT people, by section 28 of the Local Government Act 1988, and by a lack of clear national policy in these areas. Personal and sex education compounds the problem in many schools by ignoring, marginalising and stigmatising LGBT identities. The Scottish Parliament should repeal 'Section 28' as a matter of urgency. National policy is needed explicitly to recognise and tackle homophobic bullying in schools.