Whitehouse v. Lemon
Encyclopedia
Whitehouse v. Lemon is a 1976 court case involving the blasphemy law in the United Kingdom
.
'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 after his crucifixion, and also claims that Jesus had had sex with numerous disciples, guards, and even Pontius Pilate
.
In early November 1976, Mary Whitehouse
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
concerning the Christian
religion, namely an obscene poem and illustration vilifying Christ
in his life and in his crucifixion".
The Gay News Fighting Fund was set up in December 1976. Judge Alan King-Hamilton
QC
heard the trial at the Old Bailey
on 4 July 1977, with John Mortimer
QC and Geoffrey Robertson
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 invented before mens rea
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 Law Lords heard the appeal against conviction and delivered their judgement on 21 February 1979. At issue was whether or not the offence of blasphemous libel required specific intent of committing such a blasphemy. The Lords concluded that intention was not required. Lord Scarman was of the opinion that blasphemy laws should cover all religions and not just Christianity, and sought strict liability 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.
declared the case inadmissible to be heard by the European Court of Human Rights
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
, was sufficient to cover the costs of the trial and appeals.
Blasphemy law in the United Kingdom
This article describes the blasphemy law in the United Kingdom.-England and Wales:The common law offences of blasphemy and blasphemous libel were abolished by the Criminal Justice and Immigration Act 2008. See the Racial and Religious Hatred Act 2006....
.
Facts
James KirkupJames Kirkup
James Falconer Kirkup, FRSL was a prolific English poet, translator and travel writer. He was brought up in South Shields, and educated at South Shields Secondary School and Durham University. He wrote over 30 books, including autobiographies, novels and plays...
's poem The Love that Dares to Speak its Name
The Love that Dares to Speak its Name
The Love that Dares to Speak its Name is a controversial poem by James Kirkup.It is written from the viewpoint of a Roman centurion who is graphically described having sex with Jesus after his crucifixion, and also claims that Jesus had had sex with numerous disciples, guards, and even Pontius...
was published in the 3 June 1976 issue of Gay News
Gay News
Gay News was a pioneering fortnightly newspaper in the United Kingdom founded in June 1972 in a collaboration between former members of the Gay Liberation Front and members of the Campaign for Homosexual Equality...
. The poem, written from the viewpoint of a Roman centurion, graphically describes him having sex with Jesus after his crucifixion, and also claims that Jesus had had sex with numerous disciples, guards, and even Pontius Pilate
Pontius Pilate
Pontius Pilatus , known in the English-speaking world as Pontius Pilate , was the fifth Prefect of the Roman province of Judaea, from AD 26–36. He is best known as the judge at Jesus' trial and the man who authorized the crucifixion of Jesus...
.
In early November 1976, Mary Whitehouse
Mary Whitehouse
Mary Whitehouse, CBE was a British campaigner against the permissive society particularly as the media portrayed and reflected it...
obtained a copy of the poem and announced her intention to bring a private prosecution
Private prosecution
A private prosecution is a criminal proceeding initiated by an individual or private organisation instead of by a public prosecutor who represents the state...
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
Blasphemous libel was originally an offence under the common law of England. It is an offence under the common law of Northern Ireland. It is a statutory offence in Canada and New Zealand...
concerning the Christian
Christian
A Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...
religion, namely an obscene poem and illustration vilifying Christ
Christ
Christ is the English term for the Greek meaning "the anointed one". It is a translation of the Hebrew , usually transliterated into English as Messiah or Mashiach...
in his life and in his crucifixion".
The Gay News Fighting Fund was set up in December 1976. Judge Alan King-Hamilton
Alan King-Hamilton
Myer Alan Barry King-Hamilton QC 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...
QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
heard the trial at the Old Bailey
Old Bailey
The Central Criminal Court in England and Wales, commonly known as the Old Bailey from the street in which it stands, is a court building in central London, one of a number of buildings housing the Crown Court...
on 4 July 1977, with John Mortimer
John Mortimer
Sir John Clifford Mortimer, CBE, QC was a British barrister, dramatist, screenwriter and author.-Early life:...
QC and Geoffrey Robertson
Geoffrey Robertson
Geoffrey Ronald Robertson QC is an Australian-born human rights lawyer, academic, author and broadcaster. He holds dual Australian and British citizenship....
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 invented before mens rea
Mens rea
Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...
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
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
. The Law Lords heard the appeal against conviction and delivered their judgement on 21 February 1979. At issue was whether or not the offence of blasphemous libel required specific intent of committing such a blasphemy. The Lords concluded that intention was not required. Lord Scarman was of the opinion that blasphemy laws should cover all religions and not just Christianity, and sought strict liability 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.
Judgment
The European Commission of Human RightsEuropean Commission of Human Rights
European Commission of Human Rights was a special tribunal.From 1954 to the entry into force of Protocol 11 of the European Convention on Human Rights, individuals did not have direct access to the European Court of Human Rights; they had to apply to the Commission, which if it found the case to be...
declared the case inadmissible to be heard by the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
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
Monty Python was a British surreal comedy group who created their influential Monty Python's Flying Circus, a British television comedy sketch show that first aired on the BBC on 5 October 1969. Forty-five episodes were made over four series...
, was sufficient to cover the costs of the trial and appeals.
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 - summary of the case on Pinknews.co.uk