SNP plans to ban conversion therapy risk criminalising prayer and parental guidance to their children, Scottish solicitors have warned as ministers were threatened with legal action. Conversion therapy means trying to stop or suppress someone from being queer, or from identifying as a different gender to their sex recorded at birth.
As reported by the Telegraph, the Law Society of Scotland warned the proposed legislation was too “broad” and could outlaw “normal activities by religious organisations”.
In a submission to a Scottish government consultation on the plans, the industry body for solicitors said this could include “praying with anyone about their sexual ethics or sexual behaviour, or offering counselling on such issues”. The report continues:
Although the consultation said “general parental direction or guidance” would not be considered to be conversion therapy, the submission said “we have doubts on whether this is reflected in the definition itself”.
“Presumably, there are cases in which the intention to change or suppress someone’s sexual orientation or gender identity is clear but we also think that there can be situations where that intention is not easy to identify,” the Law Society said.
It also warned that “common forms of therapy” such as cognitive behavioural therapy or treatment for sex offenders such as paedophiles could also be caught by the proposed legislation.
The Law Society said that key definitions for “criminalised behaviours” in the proposals were vague and urged ministers to draw up legislation “precisely and narrowly” so that “perfectly lawful behaviours” were excluded.
Their warning came as the Christian charity that successfully challenged the SNP’s named person scheme warned that it was poised to mount a new legal battle over the plans.
The Christian Institute said the Scottish Government’s proposals provided campaigners against conversion practices with a “thought crime”. Aidan O’Neill KC, the group’s lawyer, also warned it risked criminalising parents and churches.
The group said it was ready to launch a petition for judicial review if Holyrood passes the law and “to challenge it all the way to the Supreme Court if necessary”.
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