“Scotland Considers Banning Conversion Therapy in Landmark Consultation: Emma Roddick Speaks Out”

By | January 9, 2024

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Accident – death – Obituary News : Public Consultation Underway for Proposed Ban on Conversion Therapy in Scotland

Scotland is currently undergoing a public consultation regarding new legislation that aims to ban conversion therapy for sexuality or gender. Equalities Minister Emma Roddick has stated that conversion practices have no place in Scotland. However, concerns have been raised by those who fear that attempts to counsel individuals struggling with their identity might be mistaken for conversion therapy.

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Conversion therapy refers to practices that aim to change or suppress a person’s sexual orientation or gender identity. The Scottish government has released an 86-page proposal document alongside the online consultation, which will close on April 2nd. The government is determined to take the lead on the ban after the UK government omitted it from the King’s Speech in November, despite having promised it five years prior.

The exclusion from the King’s Speech was due to disagreements about the form the ban should take. There were debates about whether it should include talking therapies for individuals questioning their gender, as well as concerns about its impact on freedom of expression and religious freedoms.

During a visit to LGBT Health and Wellbeing in Edinburgh, Emma Roddick emphasized that the ban would apply to so-called therapy services or coercive behavior that attempts to change someone’s sexuality or gender identity. She also assured that the right to a family life and religious beliefs would be protected. Ms. Roddick clarified that an individual’s actions would only be considered a conversion practice if they were done with intent and caused actual harm to the victim.

The minister described conversion practices as damaging and destructive acts that violate people’s human rights. She stated that they have no place in Scotland and that the country is leading the way in the UK to ban them. Ms. Roddick added that parents would only be criminalized if they caused harm to their child who was coming out as gay or transgender.

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The proposed legislation would introduce new criminal offenses for engaging in conversion practice, whether by providing such a service or engaging in a course of coercive behavior. It would also make it a crime to take a person out of Scotland to engage in conversion practices. Additionally, the legislation would create a statutory aggravation, which could be applied to charges such as assault, and provide civil protection orders.

Prosecutors would need to prove that individuals engaging in conversion practices intended to change a person’s sexual orientation or gender identity and that these practices or services caused physical or psychological harm to the victim. The document states that those accused would have a defense if their actions were proven to be reasonable in the particular circumstances.

However, concerns have been raised about the scope of the proposed laws and the lack of clear definitions in the legislation. The Christian Institute, which previously opposed Holyrood’s failed “named person” guardian scheme, has stated that they will take the Scottish government to court if the new law threatens free speech or criminalizes parents and church leaders.

Simon Calvert, Deputy Director of the Christian Institute, expressed worries about the government’s plans for civil protection orders. He stated that the courts could impose severe limits on free speech based solely on speculation about what individuals might say to gay or trans people. The Christian Institute’s solicitors have already contacted the government, preparing the ground for a potential judicial review.

The Catholic Church in Scotland has expressed support for laws protecting individuals from physical and verbal abuse. However, they argue that religious bodies and organizations should be free to support members who wish to live in accordance with their beliefs. Peter Kearney from the Scottish Catholic Media Office highlighted the lack of clarity in the term “conversion practices” and warned that the new legislation could have a chilling effect and criminalize advice or opinions given in good faith.

The proposed legislation would cover situations that aim to change or suppress a person’s sexual orientation or gender identity and cause harm. These situations include therapy or counseling that requires a person to change or suppress their same-sex attraction, prescribing medication to suppress a person’s sex drive, repeatedly or continuously controlling a person’s activities and appearance, and repeatedly or continuously threatening or humiliating someone.

Mark Kelvin, the Chief Executive of LGBT Health and Wellbeing, which has been providing support to people in Scotland for two decades, welcomed the Scottish government’s leadership and action on this issue. He acknowledged that while conversion practices may be seen as a thing of the past, they still occur in Scotland, and the proposed legislation is a crucial step in addressing this problem.

In conclusion, the public consultation on the proposed ban on conversion therapy in Scotland is currently underway. The Scottish government aims to lead the way in the UK by introducing legislation to address conversion practices. However, concerns have been raised about the scope of the proposed laws and the potential impact on free speech and religious freedoms. The consultation will allow the government to further consider the measures that can be taken to stop the harm caused by conversion practices while safeguarding individual freedoms..