The government is planning a ban.
The Christian Institute has issued a stern warning to the Scottish government, indicating potential legal action if proposals to outlaw conversion therapy infringe upon fundamental rights such as religious freedom, parental authority, and freedom of expression.
Under the government’s proposed legislation, “conversion practices” would be subject to prohibition, carrying severe penalties of up to seven years in prison and the prospect of unlimited fines for offenders. Concerns have been raised regarding the lack of clear criteria delineating what constitutes a “conversion practice” within the draft legislation.
Of particular concern to The Christian Institute is the perceived risk of Christian pastors espousing traditional beliefs and parents intervening to deter their children from transitioning inadvertently violating the proposed ban. Joanna Cook, a representative of The Christian Institute, criticized the current wording of the draft as vague and overly broad, potentially criminalizing innocuous behavior.
Cook highlighted a hypothetical scenario where a mother endeavors to dissuade her son from attending school adorned in attire and makeup incongruent with his biological sex. According to the current draft, such actions could be deemed prosecutable offenses, raising the specter of legal repercussions for individuals engaging in lawful conduct.
While acknowledging existing legal protections safeguarding the rights of gay and transgender individuals against verbal and physical abuse, Cook expressed apprehension over the pursuit of legislation targeting “conversion practices.” She cautioned against the creation of what she termed as “speech crimes” and “thought crimes,” lamenting the potential chilling effect on freedom of expression.
Furthermore, The Christian Institute voiced apprehension regarding the proposed introduction of preemptive “conversion practices protection orders,” which could grant courts broad authority to curtail individuals’ speech based on speculative concerns raised by activists.
Legal counsel provided to The Christian Institute by human rights lawyer Aidan O’Neill KC underscored the potential repercussions of the proposed ban, warning of its adverse impact on the legitimate activities of churches and parents seeking to shield their children from radical trans ideology.
In preparation for potential legal recourse, The Christian Institute has signaled its readiness to pursue judicial review, with Cook affirming their commitment to challenging any legislation perceived as encroaching upon fundamental freedoms, even if it necessitates recourse to the highest judicial authority.