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Key flaw 12 of 17 · (CL.1(2)(a)(ii), 1(2)(b)(i), 1(3), 1(7); draft impact assessment)
The pathway the Bill cannot see: same-sex-attracted young people
[n] evidence items · [n] accounts · [Jurisdictions]
The issue
Sexual orientation is defined by sex (Equality Act s.12), which after For Women Scotland means biological sex. On paper, conduct intended to make a same-sex-attracted young person believe they are trans is a conversion practice. But conduct in a clinical setting (transgender affirmation only) is shielded by cl. 1(3).
The bill’s practical reach falls on people questioning transition, while the route most relevant to LGB concerns sits behind the healthcare exemption.
Why it matters
The pathway the Bill cannot see
Picture a girl of twelve or thirteen. Puberty has arrived, she is uneasy in her body, and she is starting to notice she’s drawn to other girls. She doesn’t have words for that yet. School, friends and services offer her one: the discomfort means she is really a boy. No one is cruel. No one forbids her from growing up to be a lesbian woman. That future is simply bypassed before she reaches it.
Her sex doesn’t change. Her belief about her sexuality does. Under the Equality Act, as clarified by For Women Scotland, she remains female and same-sex attracted — a lesbian.
What changes is how she understands herself: not as a lesbian but as a “trans boy” who likes girls. The Bill defines conduct intended to make someone believe they “do not have… a particular sexual orientation” as a conversion practice (cl. 1(2)(a)(ii)). Her outcome sits squarely inside that definition.
But the Bill only sees people who meant to get there. It asks what the adults intended. They intended to affirm a gender identity, not to change how a girl understands her sexuality. The Bill names the destination and cannot travel to it.
Abuse forces one path. So does removing every other path. Conversion abuse pushes a young person one way, dictated by someone else. Here the pressure comes from the absence of alternatives: one explanation offered at school, in clubs [GSA], online and in clinics, and affirmed at every step. Four features of the Bill keep this out of view:
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It looks for abuse — violence, threats, coercion. A new name, new records and an affirming peer group are gradual. No single step looks like abuse; the momentum is the point.
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It exempts healthcare unless care falls “far below” expected standards (cl. 1(3)). Where affirmation is the standard, affirmation is protected.
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It looks for harm now. The child often feels relief at first [testimony]. The costs, if they come, come later.
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Its civil orders are easier to point at a cautious parent than an institution. A parent who asks whether same-sex attraction, autism or trauma is part of the picture, and holds off on transition, could face a protection order without any offence being proved [Schedule, para 2]. A school that steers the child faces nothing.
What’s at stake. Social transition is not a neutral act (Cass Review, 2024) and may make a medical pathway more likely. Puberty blockers followed by cross-sex hormones carry risks of infertility and impaired sexual function. Finland’s national register — every gender-referred young person from 1996 to 2019 — found that psychiatric needs did not subside after medical transition, and that suicide risk tracked psychiatric illness rather than gender dysphoria itself. A pathway that bypasses exploration risks missing exactly the conditions that drive that risk.
We are not claiming how often this happens. Detransitioner surveys show what it looks like when it does: in Littman’s 2021 survey, 23% raised difficulty accepting themselves as lesbian, gay or bisexual, unprompted; in Vandenbussche’s 2022 survey, 52% reported needing to work through internalised homophobia.
What we ask of the committee: [e.g. to weigh how the Bill operates in practice, not only the impact assessment’s symmetry claim, and to protect exploratory approaches by parents and practitioners explicitly].
Sources:
Source
1(2) “Conversion practice” means (subject to subsection (3)) any conduct carried out by a person towards an individual with the intention of— (a) causing the individual— (i) to have or not to have, (ii) to believe that they have or do not have, a sexual orientation or a particular sexual orientation; or (b) causing the individual— (i) to have or not to have, (ii) to believe that they have or do not have, a transgender identity or a particular transgender identity.
1(3) Conduct which—
(a) is carried out by a person towards an individual with such an intention, but
(b) is carried out in the course of providing health care services to the individual concerned, is not a conversion practice unless the person acts in a way that falls far below the standards reasonably expected of a person in their position.
1(7) “Sexual orientation” has the same meaning as in Equality Act 2010 (see section 12(1)).
What the Australian and New Zealand evidence shows
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