Conversion therapy ban: Church groups says it is 'ready to go to court' with the Scottish Government

The Scottish Government has launched a public consultation on outlawing ‘harmful’ conversion therapy

The Scottish Government is planning to ban conversion therapy.

A Christian group says it is prepared to take the Scottish Government to court over its proposals to ban conversion therapy.

The government launched a public consultation on this proposed legislation on Tuesday, and members of the public are being asked to help ministers decide what the law would cover and how it would work in practice.

Ministers say the proposed legislation will still protect freedom of speech, religion and belief, but The Christian Institute says it is concerned a ban will criminalise parents for their opinions.

It now says it is “ready to go to court” with the government on this issue.

Conversion therapy is any act which seeks to change or suppress someone’s sexual orientation.

Acts which could be covered by the legislation include counselling which seeks to suppress LGBT+ identities, prescribing medication to suppress a person’s sex drive, controlling a person’s activities or appearance, and threatening or humiliating someone.

Simon Calvert, deputy director of The Christian Institute, said: “We will be instructing a KC to look at the detail of the proposals.

“We are particularly worried about the government’s plans for civil protection orders.

“The courts could impose draconian limits on the free speech of individuals based purely on activists’ speculation about what they might say to gay or trans people.

“Our solicitors wrote to the government preparing the ground for judicial review in February 2022.

“If parliament passes a law that tramples on basic freedom of speech and religion we are ready to go to court.”

In 2020 the UN independent expert on sexual orientation and gender identity called for a global ban on conversion therapy.

A number of other governments worldwide have already banned conversion therapy, including New Zealand, Canada, Germany, Norway and the Australian state of Victoria.

Some of the more extreme forms of conversion therapy are already in illegal in Scotland under other areas of the law, such as physical violence and “corrective” rape - however there is not a specific law outlawing conversion therapy in general.

Mr Calvert added he is particularly concerned about the ban in Victoria, where he claims parents are “living in terror of being prosecuted”.

He added: “In a legal opinion we commissioned in 2022, top KC Aidan O’Neill warned the Scottish Government that it will be exceeding its legislative powers if it pursues the expert advisory group’s proposals.

“He also confirmed that such a far-reaching ban would criminalise innocent parents and preachers.”

The government says providing advice, guidance or support to help someone explore their thoughts and feelings, including guidance by healthcare practitioners, family members and religious leaders, will not be covered by a ban.

It will also not put a ban on providing medical or psychological care ethically given by healthcare professionals, parental guidance or questioning a child’s decisions, or general statements of belief or opinion.

However the government says it is “committed” to banning “harmful” conversion therapy practices, and says it has cross-party support and the backing of a variety of faith and belief groups.

Equalities Minister Emma Roddick said: “Sadly, these practices still happen today and they have absolutely no place in Scotland.

“In taking forward our commitment to ban conversion practices we are leading the way in the UK and joining the growing list of countries acting to address this harm.

“The consultation responses we receive will help us to further consider those measures we can take to stop the harm of conversion practices and protect those at risk while ensuring that freedoms - including freedoms of speech, religion and belief - are safeguarded.”

Blair Anderson, a Scottish Green councillor at Glasgow City Council and a member of the government’s expert advisory group on ending conversion practices, says this is a “key step” towards ending the practice for good.

He says he was subjected to Bible teachings and prayer in a bid to suppress his sexual orientation after coming out as gay at the age of 14, and has since cut ties with his family.

He said: “What was done to me was wrong, and I am far from the only person who has been abused in this way.

“So-called conversion therapy is being done in households and communities across Scotland.

“Today’s consultation is a key step towards ending these awful practices for good.

“It is a scary time for the LGBT+ community, with a resurgence in hate crimes and abuse against our trans siblings in particular.

“We have seen a brutal and reactionary culture war that politicians and parts of the media have knowingly stoked and encouraged.

“By banning conversion therapy we can take a key step for equality and towards tackling pain and the prejudice that so many have had inflicted on them.”

The government’s proposals to ban conversion therapy has also been welcomed by LGBT Health and Wellbeing.

Mark Kelvin, the group’s chief executive, said: “Conversion practices are widely discredited and extremely harmful and have no place in any inclusive society.

“Whilst we’d like to think that they’re a thing of the past, or not happening in Scotland, we know that some LGBT+ people in Scotland are still being subjected to these abhorrent practices and we welcome the Scottish Government’s leadership and action on this issue.”

The group has since set up a freephone helpline for members of the public to call if they need support with their mental health.

The government consultation runs until April 2.