The Church of Scotland has said it’s “broadly supportive” of plans to ban conversion therapy in Scotland but says it cannot give “unqualified support” at present.
The Scottish government says it desires to protect people “from the harm of conversion practices”. Under current proposals, against the law could have been committed if so-called conversion practices have been “committed with the intent that the victim’s sexual orientation or gender identity can be modified or suppressed”. The beneficial penalty is as much as seven years in prison, a superb of as much as £10,000, or each.
In its submission to the Scottish government’s consultation, the Church of Scotland was largely supportive of the proposals but said it wanted to boost “several significant points and concerns at this stage”.
It said that “far more detail will probably be required” in the ultimate laws to stipulate the sorts of scenarios that might constitute harm and intent. It also called for a “clearer overview of how the law could be applied”.
“Example scenarios can be a helpful method to ensure as much clarity as possible each for faith groups and for the courts to interpret the proposed laws,” it said.
“Some of the scenarios raised in our internal discussions included instances where individuals requested pastoral care or prayer with a purpose to resist sexual urges which may lead to behaviour they themselves deemed incompatible with their beliefs.
“While consent will not be an entire defence for conversion practices, more detail is required as to how much of a task it’d play as some grey areas remain.”
In 2022, the Church of Scotland endorsed the definition of conversion therapy as outlined within the ‘Memorandum of Understanding on Conversion Therapy within the UK’, which calls the practice unethical and potentially harmful.
The General Assembly agreed to “urge the Scottish Government to ban conversion therapy and instruct the Church to make representations to the Scottish Government and Scottish Parliament”.
The Church of Scotland’s position is in stark contrast to the Catholic Church and other Christian groups which have expressed concerns concerning the potential impact on religious freedom and the rights of oldsters.
The Evangelical Alliance has called the proposals “problematic”.
“The proposals create broad recent criminal and civil offences and lack clarity as to how they’d impact the on a regular basis activities of churches and Christians,” it said.
“Underlying lots of the problems with these proposals is the implicit characterisation of Christian teaching on sex and sexuality as inherently harmful.
“Therefore, there is critical risk that these measures would result in the criminalisation of such activity, including prayer, discipleship, even in cases where support is sought and desired by a person.”
It continued, “The Evangelical Alliance has consistently affirmed that forced or abusive behaviour shouldn’t be permitted. However, motion to deal with this must make sure that that’s what is in scope and it doesn’t restrict people from accessing the support they select, or unintentionally criminalise Christian ministries.
“We wholeheartedly oppose coercive behaviour but are concerned that discipleship and support inside a community with clear convictions on sexual practice may very well be construed as directive and due to this fact fall foul of the law. “
The Alliance Defending Freedom UK (ADF) said that the laws risks criminalising parents who don’t support their child’s desire to transition.
Lois McLatchie Miller, ADF UK spokesperson for Scotland, said, “Common-sense parenting will not be against the law. Under these draconian proposals, the Scottish government would place parents under a terrifying and well-founded fear of losing their children or being locked up in prison for saying something contrary to the favoured ideology of the day.
“The proposed law would violate fundamental human rights, starting with the precise and duty of oldsters to guard their children, as well as to spiritual freedom and free speech rights, including for those ready to offer pastoral support.
“Children aren’t adults, and oldsters aren’t children. The overwhelming majority of oldsters are committed to doing the sometimes difficult job of raising their children well. They deserve support and protection, not suspicion.
“Many hold firm, science-based beliefs within the immutability of biological sex. They have concerns grounded within the real-life testimonies of those that felt pushed into life-altering decisions that proved to be no solution. Parents should be supported to boost their children; not criminalised for shielding them.”
A spokesperson for the Catholic Church in Scotland said that religious bodies should be free to show their beliefs and support those that want to live in accordance with those beliefs.
“We would urge the Scottish Government to not criminalise mainstream religious pastoral care, parental guidance, and medical or other skilled intervention regarding sexual orientation, which will not be approved by the State as acceptable,” a spokesman for the Church said.
“The worrying lack of clarity about what is supposed by the term ‘conversion practices’ could create a chilling effect and will criminalise advice or opinion given in good faith.”
