What were the prevailing social and political attitudes to homosexuality in 1972 and how did these bear on the decriminalisation of homosexuality?

Abstract

In 2021, Malta ranked first for the sixth time in a row in the annual ILGA-Europe Rainbow Map. Equality took a positive turn in 2014, with legislative amendments introduced to protect and safeguard the rights of LGBTI+ individuals. This turn of events has historic roots in early 1973. This research investigates the socio-political discourse around the decriminalisation of homosexuality in Malta at that time. This investigation is situated within a historical overview of homosexuality in Malta, through the times of the Knights of St. John to the British Empire, independence and accession to the European Union. This study is significant to social policy because policy change is often shaped by historical legacies and thus it is important to understand the backdrop to LGBTI+ rights in Malta. In order to understand why and how homosexuality was decriminalised in 1973, the researcher collected data including the relevant parliamentary debates, episcopal letters and newspaper articles. After a thorough reading, codes were ascribed and grouped into themes which shed insight on the perception of homosexuality from three major social actors at the time; the legislative, the church and society. The findings showed that homosexuality was often compared to something different which equated with mental illness, physical abnormality, perversion and paedophilia, presented a negative connotation. Members of Parliament did not agree what is the root cause of homosexuality, and whilst some believed it was by nature, others argued it was a nurture element. Such sparked the need to dissect the role of institutions in the reformation of homosexuals, and what influence they can have in the cure or perversion of the individual. Members of Parliament agreed on the need to protect society, and so questioned how such a law can challenge the moral fabric of the Maltese society. Subsequently, the role of the Maltese Church was alluded to and its opinion on the matter played a central part in questioning the need for such a legal amendment. These results suggest the conversation at the time was not from a place of homophobia, but insufficient conversation and educational awareness around sexuality and diverse identities. Furthermore, the vacuum of social groups lobbying their opinion on this matter reflects on the taboo of homosexuality at the time. On this basis, the research draws attention to a number of recommendations, most prominent further research on the topic through qualitative methods, interviewing Members of Parliament of the time who are still alive. The researcher contextualizes a political reality at the time that led to social conversation that would reflect on the need for progressive laws at the turn of the millennial.