During his Programme for Government announcement on 6 May, John Swinney confirmed Scottish Government had shelved a watertight bill to end conversion practices. Our Policy and Campaigns Officer Joe Higgins responds.
What has happened?
Earlier this month, the Scottish government officially shelved its promised bill to end conversion practices. Humanist Society Scotland has expressed our deep disappointment at the government’s decision. Left without robust legal and civil protections, vulnerable LGBT+ people in Scotland will continue to face harmful attempts to change or suppress who they are.
Over the past five years, survivors, campaigners, experts and progressive MSPs have worked tirelessly to draft a law that protects LGBT+ people from harmful conversion practices. Yet despite extensive work to develop robust proposals, the Scottish government has confirmed it will no longer introduce legislation within this session of parliament (2021-26).
Conversion practices are based on the false and dangerous notion that being LGBT+ is sinful, shameful or wrong and needs to be ‘cured’.
What are conversion practices?
Conversion practices are harmful, coercive behaviours that attempt to change or suppress a person’s sexuality or gender identity. They can take many guises, from talking therapies, “healing prayers” and so-called treatments to controlling someone’s appearance and interactions. This might involve making people feel intimidated, threatened, or humiliated.
Such acts are based on the false and dangerous notion that being LGBT+ is sinful, shameful or wrong and needs to be “cured”. Conversion practices are not only widely discredited as illegitimate and ineffective, but also cause significant and lasting harm to victims.
In committing to a UK-wide approach, ministers have essentially run the clock down on their own legislation.
What now?
In answer to a parliamentary question, the government confirmed it remains in talks with UK ministers on a shared approach to ending conversion practices. However, should this approach fail, Scottish ministers have committed to publishing their own bill in the first year after the 2026 Scottish parliament election.
This is a profoundly disappointing move. In committing to a UK-wide approach, ministers have essentially run the clock down on their own legislation. This has left no time for MSPs to effectively scrutinise and pass a Scottish bill before next year’s election. Notwithstanding the further delays, there is no guarantee that a majority of MSPs elected in 2026 will support this legislation. Moreover, we have serious doubts about the UK Government’s commitment to safeguarding the rights of the trans community. This includes protection under a conversion practices ban.
No belief, religious or otherwise, can be invoked to justify degrading, harmful, or discriminatory actions against LGBT+ people.
Our asks of the Scottish government
Looking ahead, we implore the current Scottish government and any future government to uphold its four red lines. It should only sign up to UK legislation that:
- covers all settings (including places of worship)
- protects people of all ages
- fully protects trans and non-binary people
- includes no exemption for perpetrators claiming that people can consent to harmful conversion practices
As humanists, we have also been clear that there can be no exceptions or opt-outs for people claiming their freedom of expression, religion or belief would be unfairly restricted. No belief can be invoked to justify harmful or discriminatory actions against the LGBT+ community. This is why policymakers must set out how they plan to protect LGBT+ people living in closed-off and hard-to-reach religious communities. Those individuals are often at highest risk of conversion practices and are least likely to access support from the authorities.
At a UK level, we will continue to work with our partners at Humanists UK and the Ban Coalition Therapy Coalition to ensure these abusive practices are outlawed once and for all.
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