Transgender Conversion Therapy

Layla Moran Excerpts

Monday 13th June 2022 Westminster Hall

[Elliot Colburn]

That concern has been brought forward, but as I hope to say later, there is a way that we can alleviate those concerns and still pass an inclusive ban.

I thank the survivors who came forward to share their stories. It is true that conversion practices are happening in the UK right now. It is not something that happened decades ago but has now stopped; those kind of practices still happen in the UK today. Nor is it only happening here; the threat or action of sending people overseas to undergo such practices is still happening.

[Layla Moran (Oxford West and Abingdon) (LD)]

I commend the hon. Gentleman for listening directly to those who have been affected by this issue. It is often the voices of trans people that are missing from this debate. I was contacted by a constituent who said,

“as a trans woman, surely I deserve to feel safe, have some dignity and live my life in peace without being demonised?”

Does the hon. Gentleman share my concern that the way that the exclusion has happened serves to further demonise an already demonised group?

[Elliot Colburn]

I absolutely agree with the hon. Lady. I want to talk about some of the concerns that have been brought forward about a trans-inclusive ban, particularly those focused around unintended consequences —the potential of criminalising legitimate conversations between trans people and, for example, their parents, doctors or religious leaders. Those concerns are legitimate, and it comes down to us as legislators to ensure that we pass good legislation that does not catch those out.

I and many other hon. Members have seen the legal evidence provided to the Government Equalities Office that shows that it is perfectly possible to pass a ban without such unintended consequences. What is important is having a tightly worded Bill with clear language, as well as an extensive list in the legislation about what is and is not intended to be caught by a ban on conversion therapy. Let us be very clear: campaigners who have been fighting for this say that a ban is not intended to capture legitimate conversations, questions or even disagreements between individuals and their parents, doctors or religious leaders, for example. Legitimate explorative therapies, the teaching of scripture or even the ability to say that they do not agree with a person’s identity is not intended to be covered within the scope of a ban, and that should be explicitly stated within it.

The argument is also made that to exclude trans people is the right thing to do because sexual orientation and gender identity are different and so should not be covered by the same legislation. However, although they are different parts of a person’s individual identity, separating them would create big problems for the Government in law, as many trans people are also LGB, and vice versa. Plus, I believe that it would allow conversion therapy for LGB people to continue through the back door, because it could be claimed that it was being done because of their gender identity. We have seen that happening already. I have heard of cases of survivors who have come forward—for example, camp gay men and butch lesbians who have undergone conversion therapy because of their gender identity, not because of their sexual orientation. I believe that that is the reason why all leading medical, psychological and therapy organisations back an inclusive ban. Twenty-five organisations have signed up to the memorandum of understanding on conversion therapy in the UK, and more than 370 religious leaders from around the world are also calling for a ban on conversion therapy.

However, I do not think that I can put the need for a trans-inclusive ban much better than by referring to this perverse situation, which I would just like colleagues to consider. It is based on a real-life example of a set of twins—one gay and one trans. Both are forced to undergo hours of talking therapies to get them to change their identity. They are taken for exorcisms, with people shouting over them. They are monitored to ensure that they are not meeting anyone who might be considered “wrong”. They are unable to seek out accredited counselling and support and they have to endure treatment that is degrading and shaming.

--- Later in debate ---

[Wera Hobhouse]

I totally agree. What is damaging about all these practices is that they have an outcome before they even start. That is why they are so damaging.

[Layla Moran]

Does my hon. Friend share my concern that if we end up not banning all forms of conversion therapy, all it will do is encourage families to go further underground to seek practices, particularly through their churches? I know of a family whose church reached out to them. They were then referred to a quack in America who performed abhorrent practices on a young teenager who immediately said to their parents, “This is making me feel like who I am is less than I am.” Is my hon. Friend concerned that if the Government do not act, parents will not know where to turn?

[Wera Hobhouse]

I totally agree. We have to say this again and again: this is not about professional medical treatment and therapy. The conversion therapies that need to be banned are pseudoscientific practices, often conducted in private settings and, most crucially, they do not have an open outcome, but are aimed at changing what a person is.

Legal advice recently published by the Good Law Project makes it clear that the Government risk getting embroiled in legal challenges by breaching article 14 of the European convention on human rights. The advice states that

“the difference in treatment between sexual orientation and gender identity would need to be justified and proportionate.”

So far, the only justification that the Government have provided is to say that the issue is complex.

Why are we even having this debate? Opposition to a trans-inclusive ban is entirely built on stoking fear and division, based on deliberate misinformation. By the Government’s own admission, NHS gender identity services will not stop people having exploratory conversations with their doctors. Legal services will not be affected by a ban. There is no evidence of any negative impact in the countries that have already introduced a ban. Let us be clear: we are talking about preventing the abuse of LGBT+ and gender non-conforming people—our fellow human beings. We need to prevent abuse.

Furthermore, neither would religious freedom be affected by a change in the law. Religious freedom is the freedom to worship without discrimination. As a Christian, I have the right to practise my religion without discrimination. I do not have the right to cause harm. The Church of England has acknowledged that, stating that conversion practices have

“no place in the modern world”.

Nearly all countries that have banned gay conversion therapy have also banned gender conversion therapy. Canada, France and New Zealand, to name a few, have yet to encounter problems with freedom of speech or religious belief. It is baffling—I disagree that it is about getting votes—that the Conservative Government are not committed to banning trans-inclusive conversion therapy, even though their own voters are largely in favour of such a ban. Northern Ireland has moved a motion to ban conversion therapy in all forms. Scotland hopes to ban it by the end of 2023. The Government must follow suit.

The Equalities Minister called this country a global leader on LGBT rights, but it seems the Government have forgotten what the letter T stands for. How can we possibly call ourselves global leaders if we knowingly and purposefully fail to protect trans people from abhorrent practices? I plead with the Government to listen to what is overwhelmingly a consensus in this room—and outside—and make sure we ban conversion therapy in all its forms.