Conversion therapy: Scot Gov group says non trans-affirming parents should lose their kids

A Scottish Government advisory group has called for sweeping new laws banning "conversion therapy practices" that would see parents who do not affirm a child's trans identity lose the right to custody.

A report by the Expert Advisory Group on Ending Conversion Practices also suggests curbs on religious institutions, leaders, and adherents who espouse orthodox views on sexuality and biology under new "measures of criminal law, civil law, and administrative law".

The chilling document says a definition of conversion therapy practices should encompass: "Any act, treatment, or effort...with a specific intent to change, suppress or inhibit someone's sexual orientation, expression of sexual orientation, gender identity, and/or gender expression".

Addressing the issue of parents who counsel a child against pursing a trans identity, it says: "Where parents or guardians have engaged in conversion practices, the modification or even withdrawal of their parental or guardianship rights is envisaged as an option.”

Campaigners are concerned that the broad definition of conversion practices outlined in the report could lead to unlawful interference with free expression and religious liberty if it's adopted into law. Their concerns are shared by top lawyers, and gender critical feminists.

The report adds: "The definition of conversion practices should not limit the practice to those who genuinely believe that the relevant change of sexual orientation, gender identity and/or gender expression is possible and desirable, nor should it require an intent to cause harm.”

Referring to faith leaders and members of faith groups, the paper states, "the legal consequences [of CT practices] may include the withdrawal of the perpetrator's professional licence...or removal of their ability to work within Scotland...or withdrawal of the institution's charity status”.

Faith leaders should also be "educated" on how orthodox teaching can harm LGBTI+ people, it suggests, arguing that "norms" such as the "importance of marriage", and the idea that people should "abstain" from certain relationships, can have a "significant impact".

A spokesman for the Let Us Pray campaign, which warns that over-broad conversion therapy bans could impact on freedom of expression and religious liberty, commented:

“To most people, the term conversion therapy means abusive practices. We all agree with protecting people from harm. But this report specifically advocates a new criminal offence that does not require any proof of harm or even any intention to cause harm. So the new offence will be a pure speech crime. It will be illegal to say the ‘wrong thing’ even if it is totally harmless.

“Leaders of traditional, mainstream churches are particularly in the firing line. The report suggests they be ‘re-educated’, and demands the removal of charitable status and the right to hire buildings from churches it deems non-compliant. It even calls for the defrocking of church ministers. Parents too are targeted, with proposals to withdraw parental rights.

“The group that wrote this report is not representative of Scottish society. For example, no mainstream religious groups were even allowed a seat at the table. We repeatedly sought to engage constructively with this process and were refused at every turn. The resulting report is a set of recommendations entirely divorced from reality.

"They don’t recognise the possibility that churches could respectfully uphold their beliefs in the way they deal with gay and trans people. They don’t recognise that making it illegal for ministers to encourage people to follow mainstream Christian teaching on sexual ethics would not only be repressive and wrong but a breach of international human rights laws."

The Scottish Government has said it will carefully consider the report and its recommendations before it brings forward legislation on the issue. First Minister Nicola Sturgeon pledged to do so earlier this year.

UK Ministers have also come under pressure to bring forward legislation on conversion therapy, but Ministers have backed away from any measures that pertain to "transgender identity".

Commenting on the issue earlier this year, CARE's CEO Ross Hendry stressed the need for wisdom. CARE supports laws banning actions that demonstrably harm people but believes free speech and expression and religious liberty must not be undermined. Mr Hendry said:

"It’s clear that in the past individuals have been harmed and forced to endure physical, emotional, and spiritual pain through practices that no-one should condone. For that reason, we support proposed bans on physical acts of ‘therapy’ as inconsistent with God’s call for us to freely come to him through Jesus and the Church’s call to model love, grace, and hope.

"However, there are real concerns. There is a risk that loose definitions lead to bad laws and even worse outcomes. By not clearly defining some key terms and phrases the Government may, perhaps inadvertently, cause significant harm to the well-intentioned on both sides of this debate – those who are seeking to balance our religious freedom and practice with individuals’ protection from harm."