In Pitlochry, during this month’s new LGBTQ+ festival Out of the Hills, Graham Norton and Alan Cumming were asked about conversion therapy in a public Q&A.
To the surprise of Alan Cumming, Scotland is yet to illegalise conversion therapy. “It’s absolutely nuts,” he said. “We’re so progressive in other ways […] Get John Swinney on the phone!”
If we were to get Scotland’s First Minister on the line, however, what would he say? Is there an obvious reason why Holyrood and Westminster alike are yet to criminalise a blatantly immoral and abusive practice?
The Scottish Government uses the term ‘conversion practices’ to define acts “which are intended to change or suppress a person’s sexual orientation or gender identity.” Currently, this can only be prosecuted under existing laws relating to psychological and physical harm.
The battle to make it a distinct offence has stalled for nearly seven years, with the first UK Government pledge to criminalise it announced in July 2018 by Theresa May.
As Prime Minister, May pledged nobody “should ever have to hide who they are” and so a government promise was made to “consider all legislated and non-legislative options to prohibit promoting, offering or conducting conversion therapy.”
Fighting talk, but it didn’t amount to anything. In the following years, no bill was drafted, no law passed and perhaps most importantly, no specific legal protection has been given to victims.
As we enter 2026, the empty assurances continue. Last May, Swinney dropped Former First Minister Nicola Sturgeon’s plans to ban conversion practices due to its legal complexities being too difficult to resolve by the new elections in May 2026.
Campaigners from End Conversion Therapy Scotland have rightfully argued, “Scotland could have banned conversion therapy years ago.” So why does Holyrood keep stalling?
With the recent UK Supreme Court ruling on the legal definition of sex being based on biological sex, could politicians be ducking a ‘trans-inclusive’ conversion therapy bill? There are certainly some who think Swimmey’s stalling is part of a wider SNP strategy to drift towards a “safer, centrist territory” despite the ruling having no impact on the legal complications of a ban.
Scottish Equities Minister, Kaukab Stewart, claims that Holyrood will “publish its own Bill in one year of the next parliamentary session” if Westminster does not. Yet this promise seems fragile given the government’s inaction after past pledges.
It isn’t just political stagnation that has caused a stall in the criminalisation of conversion therapy, however. Many members of the Scottish public have voiced criticism over a ban.
A Scottish Government consultation in 2024 asked if conversion practices, which sought to “change, suppress and/or eliminate a person’s sexual orientation, gender identity and/or gender expression,” should be made a criminal offence in Scotland. 54 per cent of respondents said no.
Faith and belief groups made up half of organisational responses to this consultation, the majority of whom opposed the ban due to worries of ‘gender identity’ being included in the legislation and many believing it would interfere with freedoms of faith and private family matters.
Despite the criticism that arose in the consultation, the government wrote in response to their 2024 findings, “We remain of the opinion that specific legislation is required to end conversion practices in Scotland as existing legislation does not offer sufficient protection against harmful practices which are still taking place in Scotland.”
Whether the ban is yet to be enforced due to centrist tactics, political complications, or public discontent, the consequences for the LGBTQ+ community remain the same. Delaying legal protection against conversion practices is deadly.
As Saba Ali, chair of the Ban Conversion Therapy Coalition, stated, “This failure to act is not just disappointing, it is dangerous. Every delay sends a message that our lives are negotiable, that our safety is optimal.” The Trevor Project’s 2024 findings prove that nearly one in six young LGBTQ+ people in the UK reported being threatened with or subjected to conversion practices. Passing the law to ban conversion therapy, therefore, is not simply about clarifying the immorality of an act from the past; it is about fighting an abusive practice which persists in the present.
“Derek Williams (right) holding Edinburgh University Staff Pride Network banner” by Johnathan MacBride is licensed under CC BY 4.0.
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Why is Conversion Therapy Still Legal in Scotland?
In Pitlochry, during this month’s new LGBTQ+ festival Out of the Hills, Graham Norton and Alan Cumming were asked about conversion therapy in a public Q&A.
To the surprise of Alan Cumming, Scotland is yet to illegalise conversion therapy. “It’s absolutely nuts,” he said. “We’re so progressive in other ways […] Get John Swinney on the phone!”
If we were to get Scotland’s First Minister on the line, however, what would he say? Is there an obvious reason why Holyrood and Westminster alike are yet to criminalise a blatantly immoral and abusive practice?
The Scottish Government uses the term ‘conversion practices’ to define acts “which are intended to change or suppress a person’s sexual orientation or gender identity.” Currently, this can only be prosecuted under existing laws relating to psychological and physical harm.
The battle to make it a distinct offence has stalled for nearly seven years, with the first UK Government pledge to criminalise it announced in July 2018 by Theresa May.
As Prime Minister, May pledged nobody “should ever have to hide who they are” and so a government promise was made to “consider all legislated and non-legislative options to prohibit promoting, offering or conducting conversion therapy.”
Fighting talk, but it didn’t amount to anything. In the following years, no bill was drafted, no law passed and perhaps most importantly, no specific legal protection has been given to victims.
As we enter 2026, the empty assurances continue. Last May, Swinney dropped Former First Minister Nicola Sturgeon’s plans to ban conversion practices due to its legal complexities being too difficult to resolve by the new elections in May 2026.
Campaigners from End Conversion Therapy Scotland have rightfully argued, “Scotland could have banned conversion therapy years ago.” So why does Holyrood keep stalling?
With the recent UK Supreme Court ruling on the legal definition of sex being based on biological sex, could politicians be ducking a ‘trans-inclusive’ conversion therapy bill? There are certainly some who think Swimmey’s stalling is part of a wider SNP strategy to drift towards a “safer, centrist territory” despite the ruling having no impact on the legal complications of a ban.
Scottish Equities Minister, Kaukab Stewart, claims that Holyrood will “publish its own Bill in one year of the next parliamentary session” if Westminster does not. Yet this promise seems fragile given the government’s inaction after past pledges.
It isn’t just political stagnation that has caused a stall in the criminalisation of conversion therapy, however. Many members of the Scottish public have voiced criticism over a ban.
A Scottish Government consultation in 2024 asked if conversion practices, which sought to “change, suppress and/or eliminate a person’s sexual orientation, gender identity and/or gender expression,” should be made a criminal offence in Scotland. 54 per cent of respondents said no.
Faith and belief groups made up half of organisational responses to this consultation, the majority of whom opposed the ban due to worries of ‘gender identity’ being included in the legislation and many believing it would interfere with freedoms of faith and private family matters.
Despite the criticism that arose in the consultation, the government wrote in response to their 2024 findings, “We remain of the opinion that specific legislation is required to end conversion practices in Scotland as existing legislation does not offer sufficient protection against harmful practices which are still taking place in Scotland.”
Whether the ban is yet to be enforced due to centrist tactics, political complications, or public discontent, the consequences for the LGBTQ+ community remain the same. Delaying legal protection against conversion practices is deadly.
As Saba Ali, chair of the Ban Conversion Therapy Coalition, stated, “This failure to act is not just disappointing, it is dangerous. Every delay sends a message that our lives are negotiable, that our safety is optimal.” The Trevor Project’s 2024 findings prove that nearly one in six young LGBTQ+ people in the UK reported being threatened with or subjected to conversion practices. Passing the law to ban conversion therapy, therefore, is not simply about clarifying the immorality of an act from the past; it is about fighting an abusive practice which persists in the present.
“Derek Williams (right) holding Edinburgh University Staff Pride Network banner” by Johnathan MacBride is licensed under CC BY 4.0.
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