Scottish parents face jail if they stop children changing gender
PARENTS who refuse to allow their children to change gender would face up to seven years in jail under SNP plans to ban “conversion therapy”.
Proposals published yesterday state that actions designed to “change or suppress” another individual’s gender identity, causing them physical or psychological harm, would become illegal under the radical law.
SNP ministers acknowledged that socalled conversion practices often took place in a family setting, raising the prospect that parents could be criminalised if they refuse to go along with a child’s declaration that they are transgender.
Stopping someone from “dressing in a way that reflects their sexual orientation or gender identity” was cited as an example of an action that would become illegal, even if a parent believed they were acting in a child’s best interests.
A consultation states that alongside criminal sanctions, preemptive civil orders could be obtained against parents or religious leaders, even where conversion practices had not yet taken place.
The plans are the latest controversial measure put forward by the SNP. Last year, plans by Nicola Sturgeon to allow children of 16 to change gender were blocked by the UK Government.
Critics argue the latest proposals would have a devastating impact on freedom of speech, privacy and family life in Scotland. Religious campaigners have vowed to fight the ban in the courts. “We have grave concerns that these plans will criminalise loving parents, who could face years in jail simply for refusing to sign up to the gender ideology cult,” Marion Calder, a director at the campaign group For Women Scotland, said. “They will also hand activists and social workers unprecedented powers to meddle in family life, while having a chilling impact on therapists and counsellors.”
The measures around gender identity also include far less controversial steps to outlaw discredited practices that aim to turn gay people straight.
A consultation stated that parents or religious leaders would not be criminalised for “expressing concerns”, “advising a child against medical interventions” or “not actively supporting” a child’s decision to dress as a member of the opposite sex.
However, it stated that when actions became “coercive” or “controlling” then the law would apply, even in cases where they were motivated by “a desire to help or protect the person”.
Those accused of conversion therapy would have a legal defence if they could show their actions were “reasonable”.
Anyone breaching a civil order, which could be obtained by social workers or activist groups on behalf of alleged victims, could face two years behind bars. The maximum penalty for those guilty of a criminal offence would be seven years in jail, an unlimited fine, or both.
Emma Roddick, the SNP equalities minister, said attempts to change or suppress a person’s gender identity or sexual orientation were “damaging and destructive” violations of human rights.