The Traitors and the misguided conversion therapy debate

On last week’s episode of popular reality TV show The Traitors, gay contestant Stephen Libby, from the Isle of Lewis, spoke about growing up going to church and ‘trying to pray himself normal’.

His comments became the focus of discussion during a Q&A at Pitlochry Festival Theatre, held as part of the venue’s new LGBT programme. A member of the audience asked presenter Graham Norton and actor Alan Cumming for their reaction to Stephen’s story and whether they believed “a conversion therapy ban would help to change that narrative going forward”.

Norton and Cumming, both gay men themselves, responded with apparent disbelief that Scotland doesn’t already have a conversion therapy law, with Cumming adding: “Get John Swinney on the phone.”

But this, of course, begs the question: what exactly is it that Norton and Cumming think should be criminalised that isn’t already?

If by ‘conversion therapy’ they mean actual abuse, then such practices are clearly already illegal. Gay and trans people have the same protection under the law as everyone else.

But if by ‘conversion therapy’ they mean exposure to mainstream Christian teaching on sin, forgiveness and identity, as well as prayer – including prayer for oneself – then what they are really talking about criminalising is the ordinary work of churches.

Failed legislation

Norton and Cumming are mistaken if they think the reason Scotland doesn’t have a conversion therapy law is because of government inaction. Rather, every attempt to legislate, both at Holyrood and Westminster, has run into the same human rights challenges. It’s simply not possible to draft a law that reaches into homes and churches without jeopardising the fundamental freedoms of ordinary people.

The issue first appeared on the Scottish political agenda back in 2020, when a coalition of LGBTQ+ groups – including Stonewall and LGBT Youth Scotland – launched a petition calling for a ban. A commitment to legislate was included a year later in the Bute House Agreement – the governing programme between the SNP and the Greens. But despite the two parties commanding a majority in the Scottish Parliament, a draft Bill was only published in 2024.

The public and media reaction to a law that could see parents and pastors prosecuted for refusing to affirm LGBTQ+ ideology was scathing. Leading human rights lawyers also weighed in. Roddy Dunlop KC, the Dean of the Faculty of Advocates, described the Government’s definition of ‘conversion practices’ as not “legally coherent”. Aidan O’Neill KC condemned the proposals as “ill-thought out, confused and confusing, and fundamentally illiberal in intent and effect”. 

Amid rumours that up to 15 SNP MSPs were poised to rebel against the plans, and with the fallout from the Gender Recognition Reform Bill still fresh in political and public memory, the Scottish Government announced in September 2024 that it was shelving its own plans and making the unusual request that Westminster legislates for Scotland. It is clear that with the Holyrood election just around the corner, the Scottish Government recognises that this is a Pandora’s box best left unopened.

Read our blog about fellow contest and Ban Conversion Practices campaign co-founder, Matthew Hyndman, here.