Diversity: There’s more to do, but we’ve come a long way

There are certain moments in legal history that loom larger than others, something as lawyers we are all aware of. Whether sudden and sharp, such as the judgment of the Supreme Court in R (Miller) v The Prime Minister, or more of a long burn, such as the decade long interval between the Wolfenden Report and the passing of the Sexual Offences Act 1967, these moments are more than just footnotes in history.

From my own perspective, a moment I consider especially important is the 2003 repeal of s.28 of the Local Government Act 1988, when I was just 14. As a result of the provision, there was no mention of the possibility of successful homosexual relationships and I grew up not knowing that my sexuality was valid, healthy and fun. It took another 10 years for me to come out, doing so long after I left university.

And yet, I now find myself an openly gay man, writing an article on LGBT+ inclusion in the law, and taking my first steps in new career at an international firm. This is progress.

LGBT+ visibility across society has grown dramatically in recent years. In 2019, Pride in London drew 1.5m people to the streets, by contrast, the first Pride in 1972 drew only 2000. The flourish of Pride flags adorning corporate premises and social media grows year on year, and the so-called ‘pink pound’ now contributes over £6bn to the economy in the UK. With corporate clients now firmly, and necessarily, onboard, legal procurement is becoming increasingly dependent on firms sharing these values.

The positive impact of a diverse workforce has been shown time and time again. A 2020 McKinsey report, Diversity Wins: How Inclusion Matters, highlights the relationship between financial performance and the diversity of executive teams. The business case for diversity is strong and this translates to actions taken by firms across the profession. Longevity and success for law firms will no doubt depend on their ability to attract the best talent, regardless of background. This fact holding more true than ever as recent studies suggest only 48% of Gen Z individuals consider themselves strictly heterosexual. With the talent pool increasingly being made up of those identifying as LGBT+, firms that act early and convincingly will benefit in the long term.

Firms are increasingly conscious of their place in society and are actively supportive of both their own LGBT+ colleagues and of LGBT+ individuals aspiring to join the profession. From firm specific initiatives, such as equaliTW at my own firm, to the Law Society’s LGBT+ division, the voices of the LGBT+ community are being heard more frequently and more loudly than ever before. Groups such as Aspiring Solicitors and events such as DiversCity are vital in ensuring that the profession can move to a place where the first reaction for aspiring professionals is not one of fear but one of hope. Today’s trainees will be the leaders of tomorrow and it is therefore vital that a culture of inclusion is built from the ground up.

In spite of this progress, the threat of a retreat is very real. The recent election of Duda in Poland shows that even subject to the weight of EU sentiment, LGBT+ rights can be threatened and rolled back. In the UK, the government's failure to announce plans to reform the Gender Recognition Act by their own deadline has caused anxiety amongst the trans community. There is more to do to ensure that LGBT+ diversity and inclusion is a permanent fixture and a lived reality and not just a footnote in the corporate marketing playbook.

I am thankful for the position I find myself in today. My own openness is only possible because of the ground work done by generations before me. Whilst being LGBT+ in 2020 is not easy, it is certainly easier than it ever has been. We owe a duty to those that have fought before us to continue. ■

Andrew Marks

Trainee Solicitor

Taylor Wessing LLP

Equality, Diversity and Inclusion Sub-Committee

We’ve held two virtual meetings to keep our initiatives moving. We intend to maintain a constant presence on WHLS social media and in the magazine and I’m delighted that two of our members have written for this edition.

If anyone is interested in joining us or has suggestions, do please contact me direct coral.hill@law.ac.uk

We would ask all members organising events to consider the make-up of panels. Please ensure there is diversity; it only takes a call or two to discover the right speakers. As the profession is now a majority of women, all male panels should be an image from the past. ■