Ministers are being urged not to criminalise parents, teachers and clerics who may question a child's wish to change their gender or sexual orientation under proposals to ban conversion therapy expected to be unveiled next month.
In a written parliamentary answer published last Thursday, equalities minister Emma Roddick said the Scottish Government would be publishing its consultation for a bill on January 9.
The announcement has been welcomed by the Scottish Greens who have campaigned in favour of a ban.
Maggie Chapman, the party' equality spokesperson, said: “This is an important moment and a major step towards the comprehensive ban on conversion practices that LGBTQIA+ people across Scotland desperately need.
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“The reality is that conversion practices are abuse. No more, no less. Anything that has the pre-determined goal of preventing someone be who they are cannot be called therapy, and has no place in a society that values and respects human rights and dignity.
“Last year in the Scottish Parliament we heard from witness after witness about the immeasurable and often irreparable harm these practices causes those it targets. There’s no place for it in Scotland and I’m delighted to see this significant progress being made to end it once and for all.”
Conversion therapy is any practice of attempting to change or suppress an individual's sexuality or gender identity. This can include practices based around religion such as prayer or teaching that being gay would result in damnation in the afterlife.
The Scottish Government has committed to a full ban on these practices covering both transgender identity and sexual orientation.
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It wants to be able to stop practitioners of conversion therapy from carrying out processes which claim to 'turn' homosexual people straight, an aspect which is uncontroversial.
However, there are fears it may also prevent family members from having conversations with children potentially about the long term medical, emotional and practical implications relating to switching gender or identifying as neither male, female or non binary.
Opponents say it could mean parents, teachers, doctors and religious leaders could end themselves on the wrong side of the law if they discuss the issue with a child.
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"We would urge the Scottish Parliament, not to criminalise mainstream religious pastoral care, parental guidance, and medical or other professional intervention relating to sexual orientation, which is not approved by the state as acceptable.
"While the lack of clarity about what is meant by the term ‘conversion practices’ could create a chilling effect and may criminalise advice or opinion given in good faith," said a spokesman for the Catholic church.
“While the Church supports legislation which protects people from physical and verbal abuse a fundamental pillar of any free society is that the state recognises and respects the right of religious bodies and organisations to be free to teach the fullness of their beliefs and to support, through prayer, counsel and other pastoral means, their members who wish to live in accordance with those beliefs.”
The proposals could cause a headache for the SNP with some of the party's MSPs who did not support the government's Gender Recognition Reform bill possibly having concerns over another potentially controversial piece of social issue legislation.
A ban on conversion therapy was included in the Bute House Agreement reached between the SNP and the Scottish Greens, which brought the smaller pro-independence party into government for the first time.
But during the SNP leadership contest Mr Yousaf's main rival Kate Forbes refused to commit to banning conversion therapy if undergone with consent, though she called the practice "abhorrent".
Opponents of gay and trans conversion therapy say that it’s impossible for someone to consent to the practice.
The UK Government blocked the Gender Recognition Reform bill, which proposed making the process easier and reducing the age for someone to obtain a gender recognition certificate, saying it breached the devolution settlement.
Scottish ministers took legal action against the UK Government over the use of the section 35 order but lost the case in the Court of Session earlier this month.
They are now deciding whether to appeal Lady Haldane's judgement.
Ms Somerville told MSPs on Tuesday the government was considering legal advice on how it should proceed.
Asked about what support the government was giving to transgender people while the GRR bill was on hold, Ms Somerville pointed to forthcoming legislation banning conversion therapy.
She told Holyrood: "We are absolutely committed to taking forward the bill on ending conversion practices before the end of the year.
"We are keen to ensure that we make progress with that, particularly on aspects of health services, on which I know that the trans community has concerns. We have started to see improvements there, but there is still much more work to do."
Answering a written question by the Scottish Greens MSP Maggie Chapman, equalities minister Ms Roddick told Holyrood in written answer on Thursday that the Scottish Government had "carefully considered a wide range of evidence and expert advice".
She said the consultation document was ready for publication before the Christmas recess, which starts this Thursday, but a decision had been made to unveil it next month.
She added: "The consultation setting out our proposals for legislative change will be published on 9 January 2024.
"While the consultation document is ready for publication this year prior to recess, this timescale responds to an ask from a range of stakeholders to avoid publishing the consultation during a holiday period where those with an interest in the proposals work at a lower capacity.
"A January publication also maximises the opportunity for responses during the twelve-week consultation period.
"Critically, it also ensures that there is sufficient support available for victims and survivors of conversion practices who may be impacted by the public discussion. To facilitate this we are providing funding to support the delivery of a helpline service for survivors in Scotland.
"Our public consultation will contain clear and detailed information on our proposals for legislative change in order to obtain views from stakeholders and the broader public."
Ms Roddick told The Herald on Sunday: “Conversion practices are abhorrent and have no place in our society. We are committed to introducing legislation to end these practices in Scotland and continuing to support survivors.
“We have not yet tabled the details of our proposed bill and we will shortly launch a consultation on our proposals. Anybody with concerns will have every opportunity for full engagement and the analysis of responses will be independent, fair, and impartial.”
Earlier this year other church leaders, including ministers and pastors from the Church of Scotland, Scottish Episcopal Church, the Elim Pentecostal Church, the Free Church of Scotland, the United Free Church of Scotland, Associated Presbyterian Churches, and the Free Church wrote to Ms Roddick raising their concerns that a ban on conversion therapy could 'terrorise' and criminalise parents and people with Christian views.
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