A senior lawyer has warned of state overreach if the SNP’s proposed ban on “conversion practices” in Scotland gets the go-ahead.
Under the SNP’s plans, parents who refuse to permit their children to vary gender withstand seven years in jail.
The SNP desires to criminalise actions actions designed to “change or suppress” a person’s gender identity, and people which can be deemed “coercive” or “controlling”, even where the intention is to assist or protect the person.
The Scottish government is consulting on its proposals until 2 April.
Critics have warned that they may unfairly criminalise pastors and loving parents, in addition to counsellors who don’t take an affirmative approach.
Aidan O’Neill KC outlined his concerns in a 46-page legal opinion provided to The Christian Institute through which he described the laws as “ill-thought out, confused and confusing, and fundamentally illiberal in intent and effect”.
“This is maybe best described as ‘jellyfish laws’,” he said.
“The concepts it uses are inconceivable to understand; its limits are wholly undefined; it comprises a sting within the tail in the shape of criminal sanction of as much as seven years and unlimited fines; and thus it can have an undoubted and intended effect of dissuading individuals from ever even entering the now murky waters of what may or may not constitute illegal ‘conversion practices’.”
He warned that the proposals would allow the State to encroach on private family life and undermine religious freedom.
“The proposals which the Scottish Government has consulted on would, if passed into law, effect radical changes in the present law. They may also involve a marked intrusion and expansion within the powers of the State into the private realm of families, and over the expression of orthodox religious teaching by faith groups,” he said.
The Christian Institute’s Deputy Director, Simon Calvert, said it was “outrageous” that pastors and peculiar mums and dads are facing criminalisation.
“This is one other example of the Scottish Government asking Holyrood to exceed its powers and impose draconian laws on the people. If this deeply flawed law is passed it can be challenged all of the method to the Supreme Court if crucial,” he said.
He added, “They’ve spent over two years drafting this. It’s time to confess that no-one can define what conversion therapy is, let alone methods to criminalise it.”
The Christian Institute has said it can take legal motion if the ban is implemented. Eight years ago, the organisation successfully challenged the Scottish government on the Supreme Court over its controversial ‘Named Person’ scheme, dubbed a ‘snooper’s charter’ by critics. The Scottish government later scrapped the proposals.
