Scottish conversion practices ban likely to be found discriminatory

2 April 2024

Roger Kiska, Legal Counsel to the Christian Legal Centre, has provided expert legal opinion on the Scottish conversion practices debate.

He concludes:

“Ultimately, any ban on counselling, or any broader behaviour caught up by the proposed legislation, which disproportionally and/or intentionally affects those seeking to move away from same-sex attraction or align their perceived feelings about gender identity with their biological sex would likely be held by the courts to be discriminatory under either the Human Rights Act 1998 or the Equality Act 2010.”

The government proposes to bring in a new law banning so-called ‘conversion practices’ which will make it a criminal offence to engage in certain types of consensual conversations. Indeed, the government has specifically said that consent should not be a defence. It would even be a criminal offence to advise someone struggling with their sexual temptations to stay celibate.

You can read Roger’s expert opinion and submission to the consultation on the proposed ban by clicking the link below.

You can also read his previous analysis on proposed UK bans.

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