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''Whitehouse v Lemon'' is a 1977 court case involving the
blasphemy law in the United Kingdom Laws prohibiting blasphemy and blasphemous libel in the United Kingdom date back to the mediaeval times as common law and in some special cases as enacted legislation. The common law offences of blasphemy and blasphemous libel were formally abolis ...
. It was the last successful blasphemy trial in the UK.


Facts

James Kirkup James Harold Kirkup, FRSL (23 April 1918 – 10 May 2009) was an English poet, translator and travel writer. He wrote over 45 books, including autobiographies, novels and plays. He wrote under many pen-names including James Falconer, Aditya Jha ...
's poem '' The Love that Dares to Speak its Name'' was published in the 3 June 1976 issue of '' Gay News''. The poem, written from the viewpoint of a Roman centurion, graphically describes him having sex with
Jesus Jesus, likely from he, יֵשׁוּעַ, translit=Yēšūaʿ, label= Hebrew/ Aramaic ( AD 30 or 33), also referred to as Jesus Christ or Jesus of Nazareth (among other names and titles), was a first-century Jewish preacher and relig ...
after his crucifixion, and also claims that Jesus had had sex with numerous disciples, guards, and even
Pontius Pilate Pontius Pilate (; grc-gre, Πόντιος Πιλᾶτος, ) was the fifth governor of the Roman province of Judaea, serving under Emperor Tiberius from 26/27 to 36/37 AD. He is best known for being the official who presided over the trial of ...
. In early November 1976,
Mary Whitehouse Constance Mary Whitehouse (; 13 June 1910 – 23 November 2001) was a British teacher and conservative activist. She campaigned against social liberalism and the mainstream British media, both of which she accused of encouraging a more permi ...
obtained a copy of the poem and announced her intention to bring a private prosecution against the magazine. Leave to bring this prosecution was granted on 9 December 1976. The charges named Gay News Ltd and Denis Lemon as the publishers. A charge against Moore Harness Ltd for distributing was subsequently dropped. The indictment described the offending publication as "a
blasphemous libel Blasphemous libel was originally an offence under the common law of England. Today, it is an offence under the common law of Northern Ireland, but has been abolished in England and Wales, and repealed in Canada and New Zealand. It consists of t ...
concerning the
Christian Christians () are people who follow or adhere to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. The words ''Christ'' and ''Christian'' derive from the Koine Greek title ''Christós'' (Χρι� ...
religion, namely an obscene poem and illustration vilifying
Christ Jesus, likely from he, יֵשׁוּעַ, translit=Yēšūaʿ, label= Hebrew/ Aramaic ( AD 30 or 33), also referred to as Jesus Christ or Jesus of Nazareth (among other names and titles), was a first-century Jewish preacher and relig ...
in his life and in his crucifixion". The Gay News Fighting Fund was set up in December 1976. Judge
Alan King-Hamilton Myer Alan Barry King-Hamilton QC (9 December 1904 – 23 March 2010) was a British barrister and judge who was best known for hearing numerous high-profile cases at the Old Bailey during the 1960s and 1970s. These included the trial of Janie ...
QC heard the trial at the
Old Bailey The Central Criminal Court of England and Wales, commonly referred to as the Old Bailey after the street on which it stands, is a criminal court building in central London, one of several that house the Crown Court of England and Wales. The s ...
on 4 July 1977, with John Mortimer QC and Geoffrey Robertson QC representing the accused and John Smyth representing Mary Whitehouse. On Monday 11 July, the jury found both defendants guilty. Gay News Ltd was fined £1,000. Denis Lemon was fined £500 and sentenced to nine months' imprisonment suspended. It had been "touch and go", said the judge, whether he would actually send Denis Lemon to jail. Mary Whitehouse's costs of £7,763 were ordered to be paid four-fifths by Gay News Ltd and one-fifth by Lemon. Gay News Ltd and Denis Lemon appealed against conviction and sentence. On 17 March 1978, the Court of Appeal quashed Denis Lemon's suspended prison sentence but upheld the convictions on the basis that the law of blasphemy had been developed before ''
mens rea In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element ...
'', literally, a "guilty mind", became an essential element of a crime. ''Gay News'' readers voted by a majority of 20 to 1 in favour of appealing to the
House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminst ...
. The
Law Lord Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House ...
s heard the appeal against conviction and delivered their judgment on 21 February 1979. At issue was whether or not the offence of blasphemous libel required specific intent of committing such a blasphemy. By a majority of 3 to 2, the Lords concluded that intention was not required.
Lord Scarman Leslie George Scarman, Baron Scarman, (29 July 1911 – 8 December 2004) was an English judge and barrister, who served as a Law Lord until his retirement in 1986. Early life and education Scarman was born in Streatham but grew up on the b ...
was of the opinion that blasphemy laws should cover all religions and not just Christianity and sought
strict liability In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. ...
for those who "cause grave offence to the religious feelings of some of their fellow citizens or are such as to tend to deprave and corrupt persons who are likely to read them". The appeal was lost.


"The Love That Dares to Speak Its Name"

"The Love That Dares to Speak Its Name" is a controversial
poem Poetry (derived from the Greek '' poiesis'', "making"), also called verse, is a form of literature that uses aesthetic and often rhythmic qualities of language − such as phonaesthetics, sound symbolism, and metre − to evoke meaning ...
by
James Kirkup James Harold Kirkup, FRSL (23 April 1918 – 10 May 2009) was an English poet, translator and travel writer. He wrote over 45 books, including autobiographies, novels and plays. He wrote under many pen-names including James Falconer, Aditya Jha ...
published in 1976, which was at the centre of the ''Whitehouse v. Lemon'' trial."James Kirkup"
(obituary), ''
The Telegraph ''The Telegraph'', ''Daily Telegraph'', ''Sunday Telegraph'' and other variant names are popular names for newspapers. Newspapers with these titles include: Australia * ''The Telegraph'' (Adelaide), a newspaper in Adelaide, South Australia, publ ...
'' (retrieved September 1, 2014)
It is written from the viewpoint of a Roman
centurion A centurion (; la, centurio , . la, centuriones, label=none; grc-gre, κεντυρίων, kentyríōn, or ) was a position in the Roman army during classical antiquity, nominally the commander of a century (), a military unit of around 80 ...
who is graphically described having sex with
Jesus Jesus, likely from he, יֵשׁוּעַ, translit=Yēšūaʿ, label= Hebrew/ Aramaic ( AD 30 or 33), also referred to as Jesus Christ or Jesus of Nazareth (among other names and titles), was a first-century Jewish preacher and relig ...
after his crucifixion, and also claims that Jesus had had sex with numerous disciples, guards, and even
Pontius Pilate Pontius Pilate (; grc-gre, Πόντιος Πιλᾶτος, ) was the fifth governor of the Roman province of Judaea, serving under Emperor Tiberius from 26/27 to 36/37 AD. He is best known for being the official who presided over the trial of ...
. The poem itself was considered of low artistic value, both by critics and the author himself. In 2002, a deliberate and well-publicised public repeat reading of the poem took place on the steps of
St Martin-in-the-Fields St Martin-in-the-Fields is a Church of England parish church at the north-east corner of Trafalgar Square in the City of Westminster, London. It is dedicated to Saint Martin of Tours. There has been a church on the site since at least the mediev ...
church in
Trafalgar Square Trafalgar Square ( ) is a public square in the City of Westminster, Central London, laid out in the early 19th century around the area formerly known as Charing Cross. At its centre is a high column bearing a statue of Admiral Nelson comm ...
, without any incidents. Kirkup criticized the politicizing of his poem.


Judgment

The
European Commission of Human Rights The European Commission of Human Rights was a special body of the Council of Europe. From 1954 to the entry into force of Protocol 11 to the European Convention on Human Rights, individuals did not have direct access to the European Court of Hu ...
declared the case inadmissible to be heard by the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
on 7 May 1982. The £26,435 raised by the Gay News Fighting Fund through benefits and donations from the gay community and others, including a £500 donation from
Monty Python Monty Python (also collectively known as the Pythons) were a British comedy troupe who created the sketch comedy television show ''Monty Python's Flying Circus'', which first aired on the BBC in 1969. Forty-five episodes were made over fou ...
, was sufficient to cover the costs of the trial and appeals.


Abolition of blasphemous libel as an offence

Blasphemous libel ceased to be a common law offence in England and Wales with the passing of the
Criminal Justice and Immigration Act 2008 The Criminal Justice and Immigration Act 2008 (c 4) is an Act of the Parliament of the United Kingdom which makes significant changes in many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Nor ...
.


See also

*
Blasphemy law in the United Kingdom Laws prohibiting blasphemy and blasphemous libel in the United Kingdom date back to the mediaeval times as common law and in some special cases as enacted legislation. The common law offences of blasphemy and blasphemous libel were formally abolis ...
*
John William Gott John William Gott (1866 – 4 November 1922) was the last person in Britain to be sent to prison for blasphemy. His was also the last public prosecution. Later prosecutions were purely private. Religious statements A trouser salesman from Bradf ...


References

*Cited as Whitehouse v Lemon
979 Year 979 ( CMLXXIX) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * March 24 – Second Battle of Pankaleia: An Ibero-Byzantine expeditionary ...
2 WLR 281; or Whitehouse v Gay News Ltd
979 Year 979 ( CMLXXIX) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * March 24 – Second Battle of Pankaleia: An Ibero-Byzantine expeditionary ...
AC 617, HL
Gay News Ltd. and ''Lemon v United Kingdom''
ur Comm HR Ur was an important Sumerian city-state in ancient Mesopotamia, located at the site of modern Tell el-Muqayyar ( ar, تل ٱلْمُقَيَّر) in south Iraq's Dhi Qar Governorate. Although Ur was once a coastal city near the mouth of the ...
5 EHRR 123 (1982), App. No. 8710/79.


Further reading


''Gay News'' on Trial
''Gay and Lesbian Humanist''. *Robertson, Geoffrey: ''The Justice Game'' Vintage (1999); {{ISBN, 0-09-958191-4.
The gay poem that broke blasphemy laws
(10 January 2008) - summary of the case by
PinkNews ''PinkNews'' is a UK-based online newspaper marketed to the lesbian, gay, bisexual and transgender community ( LGBT) in the UK and worldwide. It was founded by Benjamin Cohen in 2005. It closely follows political progress on LGBT rights a ...
Article 10 of the European Convention on Human Rights European Court of Human Rights cases involving the United Kingdom United Kingdom free speech case law United Kingdom LGBT rights case law House of Lords cases Religion in England 1977 in British law 1977 in case law Blasphemy law 1977 in LGBT history Blasphemy law in Europe 1977 in England