Scottish Government’s Controversial Trans Law Plans Condemned as “Jellyfish Legislation”
The Scottish government’s proposed new trans law has sparked controversy and condemnation from legal experts and religious groups alike. The law, which could potentially see parents jailed for preventing their children from changing gender, has been described as “jellyfish legislation” by double silk Aidan O’Neill KC.
In a scathing 46-page legal opinion, Mr. O’Neill criticized the proposed law as being “impossible to grasp” and having “a sting in the tail” due to its vague and confusing nature. He also argued that the plans are ultra vires, meaning they exceed the legislative competence of the Scottish Parliament.
The proposed law would also target faith leaders, potentially putting them behind bars for up to seven years and subjecting them to unlimited fines if convicted of involvement in conversion practices. This has raised concerns among religious groups who fear prosecution for adhering to traditional teachings on sex and sexuality.
Women’s groups have also expressed opposition to the law, viewing it as a form of gender self-identification by the back door. The draft legislation includes broad criteria for what constitutes a conversion practice and allows LGBTQ+ activists to obtain civil court orders against individuals they believe are engaging in such practices.
The Christian Institute (CI) has been vocal in its opposition to the law change, with Deputy Director Simon Calvert calling it “deeply flawed” and warning that it will be challenged all the way to the Supreme Court if necessary. He expressed concerns that ordinary parents could face criminalization for opposing radical trans ideology and that church leaders could be prosecuted for not conforming to state-mandated beliefs.
Overall, the proposed trans law in Scotland has sparked a heated debate and raised questions about the limits of legislative power and the protection of religious freedoms. The consultation on the law is open until April 2nd, and it remains to be seen how the Scottish government will address the concerns raised by critics.
