It should be unlawful for a priest to preach that gay is sinful, if a gay person is present.
I consider the effect on the gay person. They may have been traumatised by prejudice, which makes it more difficult for them to resist that lie. The priest- imam, minister, whatever- has power in the community, and ostracism from community hurts. I would not make it criminal, but I would enact that any gay person present during an anti-gay sermon after the law came into force could claim damages for it, and allow such claims for twenty years after, rather than the accustomed three, because of the time it can take victims to recover and realise how harmful such preaching is.
Praying away the gay should be criminal. A figure with any religious authority who tries to “heal” a gay person or counsel that gay person to be celibate should be charged with a criminal offence. The gay person is never wholly voluntarily in such a situation, as they are affected by general societal homophobia or the specific homophobia of the religious body.
Note that the religious body attempts to change who the person is, not just how they act. The faculty of being sexually attracted to other humans is part of the person’s very essence. More people are bi than the culture admits, and prejudices and fears might prevent someone acknowledging an attraction, but the attraction comes from our very nature. Some people are mostly attracted to male or masculine, some mostly to female or feminine.
It’s not what you call that attraction that is the nature of the person. If you think they are a man, and they are attracted to men, you call them gay, but the attraction does not change if in fact they are trans, really a woman, and they transition. They may still be attracted to men. They may admit more attractions, as they are not suppressing their essence after transition, but even if the words we use for them, heterosexual rather than gay, change, their truth, their nature, of being attracted to men, does not.
So it is completely ridiculous to call transition “conversion therapy”. It is a complete fabrication. Unfortunately, some people hate trans so much that they are putting forward that argument- either in a hategasm where they cannot control themselves, or in the cold, deliberately deceiving way that they and their ilk might use denying climate change or evolution by natural selection.
On 15 May, Janice Turner told this lie in The Times, claiming that parents might try to transition a gay child to avoid the stigma of being called gay. She appears to believe that there is no stigma in being called trans. This is divorced from reality.
Worryingly, she claims that the government plan to include compelling someone to transition in the definition of unlawful conversion therapy. The idea that a parent could, or that even the medical professional most committed to children being able to transition would go along with it, is ridiculous. That is the lie she tells, though, in an attempt to smear Stonewall and Mermaids.
So what should be unlawful conversion therapy for trans people? The religious figure preaching against it should be subject to paying damages. The religious figure praying over a trans person should be criminal. What about psychiatrists, psychologists and psychotherapists?
The definition here is simple: attempting to change who someone is should be unlawful. Exploring who someone is should be permissible. Robert Withers, who pretends to transphobes that he can cure trans, should never be allowed near trans people, but a therapist should be able to help a person presenting as trans to get to know themself better.
Sometimes it will be subtle, but the therapist should be aware when they are putting pressure on a person. If they are unaware, they are not qualified to be therapists, because the therapist in a position of authority can damage people by suppressing their nature, in all sorts of ways apart from LGBT. Professional bodies are capable of investigating and disciplining such therapists.
Criminal sanctions will only be available when the pressure to change is clear beyond reasonable doubt. That is enough to protect any therapist helping a client explore their relation with their gender and gender identity. So the definition of criminal conversion therapy could be quite simple: it is an offence for someone in the position of therapist to attempt to change someone’s gender identity. However much some might attempt to obscure it, there is a clear line between attempting to change someone’s nature and helping them explore it.