Constitution and invalid.
The Constitutional Validity of Section 20A of the Sexual Offences Act 1957
[74]For the sake of convenience, the provisions of section 20A of the Sexual Offences Act are again quoted:
“(1) A male person who commits with another male person at a party any act which is calculated to stimulate sexual passion or to give sexual gratification, shall be guilty of an offence. (2) For the purposes of subsection (1) 'a party' means any occasion where more than two persons are present. (3) The provisions of subsection (1) do not derogate from the common law, any other provision of this Act or a provision of any other law.”
[75]The absurdly discriminatory purpose and impact of the provision can be demonstrated by numerous examples. One will suffice. A gay couple attend a social gathering attended by gay, lesbian and heterosexual couples. The gay man, in the presence of the other guests, kisses his gay partner on the mouth in a way “calculated to stimulate” both his and his partner’s “sexual passion” and to give both “sexual gratification”. They do no more. A lesbian and a heterosexual couple do exactly the same. The gay couple are guilty of an offence. The lesbian and heterosexual couples not. Cameron has rightly commented on the absurdity and tragic-comic consequences of this
