Loving parents who refuse to allow their teenage children to dress in a sexually provocative way could be jailed under the SNP’s conversion therapy ban, the KC has warned.
Aidan O’Neill, a leading Scottish advocate, condemned the proposals as “confusing and fundamentally illiberal” and said those who disagreed with “the state’s new dogmas on sex, sexuality and gender identity” could face up to seven years behind bars.
He said in legal opinion this would also include parents who do not allow their children to dress as members of the opposite sex.
Mr O’Neill said the proposals, if enacted at the same time, would have “the undoubted effect of criminalizing much mainstream pastoral work in churches, mosques, synagogues and temples”.
In plans announced last month, the Scottish Government proposed banning any attempt to “alter or suppress” a person’s gender identity or sexuality or their expression.
As long as the acts are “coercive” and cause physical or psychological harm, a serious crime will be committed.
Following huge backlash to the plans, the Scottish Government attempted to downplay concerns by claiming it was not its intention to criminalize parents.
But in Mr O’Neill’s view the plans are so far-reaching that even the parent of a heterosexual teenager could face investigation if they try to restrict their clothing choices.
Suppression
This is because the suppression of the “expression” of sexual orientation is criminalized.
In her view, she says, “This definition of coercion would clearly include parents trying to control how their child is ‘presented’, for example, in terms of clothing, make-up and hairstyle.”
“Therefore, parents who actively, consistently and directly object to their child being presented as a gender other than the gender assigned at birth, for example, will be committing a criminal offence.
“A parent’s strict and absolute prohibition on, say, their 14-year-old daughter from going out in public wearing clothing that would be considered overly sexualized, sexually provocative and explicit by the parent could, in principle, be an offense under the law. this is the proposed law.
“It is clear that it is not a defense for a parent to say that he or she acted out of love and to help his or her child.”
The opinion challenges the SNP’s claims that the plans will respect existing legal rights to family life and freedom of expression. Mr O’Neill said the proposals would amount to an unwarranted intrusion into such areas, which could be well beyond the scope of Holyrood’s remit.
While courts will need to find that a child has suffered harm, an act that causes “distress” will be enough to cross the threshold, the consultation says.
The Christian Institute, which prepared the opinion, has already vowed to fight the ban in the courts.
“This is perhaps best described as ‘jellyfish legislation,’” Mr. O’Neill wrote.
“It is impossible to grasp the concepts he uses; its boundaries are completely undefined; There is a sting in the tail in the form of criminal sanctions of up to seven years and unlimited fines.
“In summary, these Scottish Government legislative proposals are ill-considered, confusing and confusing, and fundamentally illiberal in purpose and effect.”
The plans have been drawn up with the help of trans activists who are pushing for a blanket ban, as the SNP government seeks to reassure parents.
The SNP’s coalition partners in the Scottish Greens are pushing for a blanket ban and describe fears over parental rights as “nonsense”.
Some SNP politicians fear the legislation could become as unpopular as Nicola Sturgeon’s personal ID legislation, which was blocked by the UK Government.
Simon Calvert, deputy director of the Christian Institute, said the plans were “outrageous”.
“This is yet another example of the Scottish Government asking Holyrood to overstep its powers and impose draconian laws on the public,” he said.
“If this deeply flawed law is passed it will be challenged all the way to the Supreme Court if necessary.
“Ordinary mothers and fathers face criminalization for trying to save their children from the clutches of radical trans ideology. Church leaders are being prosecuted for not praying in accordance with state dogmas.”
A Scottish Government spokesman said: “Our recommendations do not prohibit parental and religious guidance that does not aim to change or suppress their sexual orientation or gender identity.
“Our approach fully respects existing legal rights to private and family life and freedoms of expression, religion and belief. “This is a consultation and the Scottish Government is open to all views.”