Conversion Therapy: Scottish Government faces legal challenge if it pursues new law which threatens free speech and criminalises parents and church leaders

The Scottish Government faces the prospect of court action if it goes ahead with a new law banning ‘conversion practices’.

The threat has been made by The Christian Institute, which successfully challenged Holyrood’s hated ‘named person’ Big Brother state guardian scheme.

The Scottish Government has published its consultation on banning ‘conversion practices’. Simon Calvert, a Deputy Director at The Christian Institute, said the scheme would threaten freedom of speech and could criminalise the conversations and opinions of parents and church leaders.

And he said:

“We will be encouraging Christians to respond to the consultation and 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.

“Gay and trans people are already protected, quite rightly, from verbal and physical abuse by existing law.

“Since those things are already illegal, what is it that this Bill seeks to criminalise? The activists are quite clear that they want it to target conversations and opinions they don’t like.

“The leading activist, Jayne Ozanne, says she wants ‘gentle, non-coercive prayer’ to be covered by a ban. And ‘End Conversion Therapy Scotland’ spokesman Blair Anderson says that ‘depending on your parents’ consent’ to change gender is ‘Conversion Therapy 101’.

“In October 2022, the Scottish Government’s ‘Expert Advisory Group on Ending Conversion Practices’ published a report praising the conversion therapy law in Victoria, Australia.

“But official guidance from Victoria says ‘not affirming someone’s gender identity’ is conversion therapy, as is parents refusing to consent to their children going on puberty blockers. Parents of gender-confused children in Victoria are now living in terror of being prosecuted for trying to protect their children from irreversible medical treatment.

“The guidance for ‘people of faith’ in Victoria directs Christians to pray in a way that contradicts the Bible’s teaching.

“The Expert Advisory Group also claims that conversion therapy includes promoting ‘the importance of marriage’, and shockingly advocates the option of removing children from the home if their parents seek to caution them in the area of gender and sexuality.

“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.”