Gender identity law

Next week, the Government’s consultation on banning so-called conversion therapy will close. The aim is to make therapy that has the intended purpose of changing an individual’s sexual orientation or gender identity a criminal offence, and certainly in the case of sexuality there is widespread public and political support for the new law. Earlier this year, Boris Johnson described the practice of trying to change someone’s sexuality as “repulsive” and “abhorrent”.

Tory backbenchers and campaigners are concerned, however, that the consultation has been rushed and that the result will be poorly drafted legislation, built on a weak evidence base, that could end up criminalising conversations between children who say they are transgender and parents, teachers and clinicians.

At the heart of the controversy is the inclusion of “gender identity” alongside sexuality in the legal change. Critics fear that the new offence could see therapists who do anything other than affirm an individual’s statement that they are transgender fall foul of the law, even if questioning that statement might be in the best interests of the individual. The legislation would also introduce the concept of “gender identity” into UK law, which some fear could ultimately pose a threat to single-sex spaces.

The Government appears to wish to enact the new legislation before the UK hosts a major LGBT conference next year. Some campaign groups had not wanted there to be any consultation at all. Given the strength of opposition, and the possibility of a parliamentary defeat, it would be better for the Government to extend the consultation period and allow for more prelegislative scrutiny. It should not be rushing into legislation without being mindful of the full consequences.