Churches ‘alarmed by threat to freedom of expression’

Launching the consultation, Equalities Minister, Emma Roddick said: “Conversion practices, which aim to change or suppress a person's sexual orientation or gender identity, are damaging and destructive acts that violate people's human rights. Sadly, these practices still happen today and they have absolutely no place in Scotland.”

However, critics believe it could violate free speech and criminalise individuals, including parents, who try to counsel sometimes confused youngsters against changing their gender identity.

The Free Church of Scotland described the proposals as “alarming”. Its spokesman, Rev. Stephen Allison, said: “If there was evidence that genuinely harmful practices are not being dealt with, there may be an argument for legislation. However, we do not believe the Scottish Government has demonstrated this.

“Sweeping new provisions have been drafted that could criminalise conversations and other interactions that are lawful and legitimate in a free society. They raise the alarming prospect of church leaders, parents, counsellors, and others being criminalised simply for expressing the clear teaching of the Bible”.

He continued: “The Free Church was founded out of concern about state interference in the life of the Church. It retains this conviction in the modern context. We uphold the spiritual independence of the Church from the state including the right of the church to practice its own teaching.

“We urge the Scottish Government to reconsider, and ask politicians in every party to respect religious liberty, and broader freedoms enshrined in human rights legislation, by rejecting these proposals.”

A spokesman for the Scottish Catholic Church said in response to the consultation paper: “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 fulness 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 worrying 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”.

The non-denominational Christian Institute said it “remains ready” to take the Scottish Government to court over a potential law which “could impose draconian limits on the free speech of individuals based purely on activists’ speculation about what they might say to gay or trans people."

Criticism has extended far beyond the churches with campaigners who were successful in opposing the Scottish Government’s Gender Recognition Reform Bill questioning why Ministers have failed to learn lessons from that experience.

The consultation period ends on April 2nd.