“Scotland Seeks Opinions on Conversion Therapy Laws in Public Consultation”

By | January 9, 2024

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Accident – death – Obituary News : Public Consultation Open for Proposed Laws to Ban Conversion Therapy in Scotland

A public consultation is currently underway in Scotland regarding planned legislation aimed at banning conversion therapy for sexuality or gender. Emma Roddick, the Equalities Minister, emphasized that conversion practices have no place in Scotland. However, concerns have been raised about the potential inclusion of counseling services for individuals grappling with their identity, as they fear it may be perceived as conversion therapy. Conversion therapy refers to practices that aim to alter or suppress a person’s sexual orientation or gender identity.

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To facilitate the consultation process, an 86-page proposal document has been released alongside the online consultation, which is set to close on April 2nd. The Scottish government is determined to take the lead in implementing this ban, as the UK government excluded it from the King’s Speech in November, despite promising it five years ago. The delay was primarily due to disagreements surrounding the form the ban should take, including whether talking therapies for individuals questioning their gender should be included. Additionally, concerns were raised regarding the potential impact on freedom of expression and religious freedoms.

During a visit to LGBT Health and Wellbeing in Edinburgh, Minister Emma Roddick assured BBC Scotland News that the ban would specifically target “so-called therapy services” or “coercive behavior” that attempts to change an individual’s sexuality or gender identity. She emphasized that the right to a family life and religious beliefs would be protected. Furthermore, she clarified that an individual’s actions would only be classified as a conversion practice if they were done with intent and caused actual harm to the victim.

Minister Roddick described conversion practices as damaging and destructive acts that violate people’s human rights. Scotland is leading the way among the UK nations in implementing a ban on conversion therapy. She stated, “Sadly, these practices still happen today and they have absolutely no place in Scotland.”

The proposed legislation would establish new criminal offenses related to engaging in conversion practices, encompassing both the provision of such services and engaging in a course of coercive behavior. The legislation would also address situations where individuals are taken out of Scotland to engage in conversion practices. Additionally, a statutory aggravation would be created, allowing it to be attached to another charge such as assault. Civil protection orders would also be provided for.

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To secure a conviction, prosecutors would need to prove that individuals engaging in conversion practices intended to change a person’s sexual orientation or gender identity, and that the practices or services caused physical or psychological harm to the victim. The proposed legislation allows those accused to present a defense if their actions can be deemed reasonable in the specific circumstances.

However, concerns have been raised regarding the scope of the proposed laws and the lack of clear definitions within the legislation. The Christian Institute, which opposed Holyrood’s unsuccessful “named person” guardian scheme, stated that they would take the Scottish government to court if the new law threatened free speech or criminalized parents and church leaders. Simon Calvert, Deputy Director of the Christian Institute, expressed particular worry about the government’s plans for “civil protection orders.” He warned that the courts could impose severe restrictions on individuals’ freedom of speech based solely on activists’ speculation about their potential interactions with gay or transgender individuals.

The Catholic Church in Scotland expressed support for laws that protect individuals from physical and verbal abuse. However, it emphasized the need for religious bodies and organizations to retain the freedom to support members who wish to live in accordance with their beliefs. Peter Kearney, from the Scottish Catholic Media Office, highlighted the “worrying lack of clarity” regarding the term conversion practices and cautioned that the new legislation “could create a chilling effect and may criminalize advice or opinion given in good faith.”

Under the proposed legislation, various situations could be covered if they are carried out with the intention to change or suppress a person’s sexual orientation or gender identity and cause harm to the individual. Examples include therapy or counseling that requires a person to change or suppress their same-sex attraction, the prescription of 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 CEO of LGBT Health and Wellbeing, which has been providing support to individuals in Scotland for two decades, expressed appreciation for the Scottish government’s leadership and action on the issue of conversion practices. He acknowledged that while it would be ideal to believe that such practices are a thing of the past or non-existent in Scotland, there are still LGBTQ+ individuals subjected to these abhorrent practices.

In conclusion, Scotland is taking a significant step towards banning conversion therapy, seeking public opinions through a consultation process. The proposed legislation aims to criminalize conversion practices and protect individuals at risk, while also safeguarding freedoms such as speech, religion, and belief. The Scottish government’s commitment to addressing conversion practices demonstrates its determination to protect human rights and ensure the well-being of all individuals in Scotland..