Martina Purdy
It’s almost 40 years since Jeffrey Dudgeon successfully changed the law in Northern Ireland.
And it took courage as he was living in real fear, under an unjust law: his house had been raided, and he had been arrested and interrogated by the Royal Ulster Constabulary. His crime? Dudgeon was a gay man and homosexual activity was not only illegal but loudly condemned by Ian Paisley’s Free Presbyterians who had led a Save Ulster From Sodomy Campaign.
Dudgeon brought a case against the UK law to the European Court on Human Rights and won.
Fast forward 40 years and it is Dudgeon who is now cautioning against a change in the law – this time around so-called “conversion therapy” – that is, techniques which intend to change an individual’s sexual orientation or gender identity. Under a proposed new private member’s bill at Stormont, anyone using such techniques – even with the person’s consent – would be criminalised, if it was proved they used coercion or caused an individual harm.
Impact
Dudgeon appeared on BBC Radio Ulster’s Talkback programme on December 5, expressing his concerns over the bill, which has also raised alarm bells among Christians. The penalty for breaking this law could be up to seven years in jail, a fine or both, depending on the seriousness of the offence.
The bill is being proposed by Eoin Tennyson, a Stormont assembly member and newly elected deputy leader of the Alliance Party. Tennyson (26) – who became the youngest member of Stormont three years ago – describes himself as gay, “progressive” and “inclusive”. He claims that so-called conversion practices are “torture, not treatment” and wants to make it a criminal offence for pastors and counsellors to engage in “conversion therapy”. The only formal defence is that the accused’s behaviour was “reasonable”.
But even the Alliance Party admits on its own website that this defence would be difficult to envisage in a case which met its four tests: a relevant act, intent, harm and an identifiable victim. Dudgeon is not impressed. “My big fear is that we’re using a sledgehammer to crack a nut, because there isn’t a great deal of evidence of significant criminal activity, as Eoin would define it..”
Criticism
Tennyson maintains that ‘conversion therapy’ has real mental health consequences such as feelings of guilt, shame, depression, anxiety and even thoughts of suicide. “I don’t believe we should be standing for that as a society,” he said.
While claiming he wanted to strike the appropriate balance with free speech and freedom of religion, Tennyson dodged a pointed question put by the host of Talkback, William Crawley, who gave an example of someone, aged 35 or 40, who “read the bible in a certain way” and “believed” what his pastor taught about homosexual activity being sinful and wanted to overcome his feelings to “become heterosexual”.
“Let’s say that,” said Crawley. “Would that be legitimate?” Tennyson opted to talk through his proposals instead.
Critics say Tennyson’s bill – which is at the consultation stage – is merely a rehash of proposals already shelved by Holyrood in Scotland. The Scottish Parliament – amid a backlash around concerns over human rights violations – said it would leave it to Westminster to legislate instead.
James Kennedy, NI policy officer for the Christian Institute, said the broad definition in Tennyson’s bill around “harm” would mean that a parent could be prosecuted if they discouraged their child from gender transition or sexual experimentation. “Even saying ‘you might regret it’ could be seen as causing fear and thus be illegal,” he claimed.
Of course no one wants to see anyone damaged or shamed through poor and inadequate counselling – or indeed cruel or coercive treatment.
Regulation
There is certainly an issue around the regulation of counselling that politicians should address. For example, anyone in Northern Ireland can simply claim to be a counsellor, charging exorbitant fees.
But Tennyson isn’t concerning himself with this issue – which seems more practical than his own proposed legislation.
Frankly, I doubt this bill will pass into law – but either way there is a consequence in what is surely a minefield in our society. Even talk of prosecutions creates a chill factor for priests and pastors, and parents, who might feel intimidated when talking to a confused teen?
There is an odd rationale behind this bill: sexual orientation cannot be changed but gender identity, that is whether we are male or female, can?
The Alliance Party’s views have been rather concerning.
Last August, when the NI Executive temporarily banned puberty blockers, which suppress a child’s sexual development, Alliance was critical of the decision. The ban followed the Cass Review which found remarkably weak evidence to support their use. The Cass Review, led by a retired paediatrician for the NHS, also found that “gender medicine” was operating on “shaky foundations”. The Alliance Party said these were decisions for clinicians not politicians, adding it was committed to improving access to “gender-based care”. This week it was reported that the Alliance Party’s ministers backed an Executive extension of the ban, albeit with reservations.
Frankly Dudgeon’s common sense approach should be heeded when it comes to this bill. Given his own appalling experience, Dudgeon said he has no wish to see other people’s homes raided for what he would call a “relatively minor offence.”
As Storm Darragh raged, I was thinking that naming storms is a new phenomenon. But in fact it dates back hundreds of years – though it is more common now. It turns out saint’s names were once a popular choice. When a hurricane hit Puerto Rico in October, 1526, it was the feast of St Francis of Assisi so the storm was named after him.
The countdown to Christmas has become a countdown to appeal for a County Antrim woman who was fined £750 by Coleraine Magistrates Court for praying inside an exclusion zone at an abortion hospital. Claire Brennan, a mother of five, has until December 23 to lodge an appeal. But if that fails she will be bound to pay the fine – or face a week in prison. She says she is prepared to go to jail. In court she quoted the book of proverbs: “It is my duty to rescue those being led to death…” Indeed, it is the duty of every Christian.