Thread on what is wrong with Canada's #BillC8 on conversion therapy. The definitions in the bill are both vague and overbroad. The bill is bad policy and is open to constitutional challenge as a violation of both Section 2 and Section 7 of the Charter. /2
The bill equates sexual orientation, where there is a strong clinical consensus that conversion therapy is ineffective and harmful, with gender identity, where there is substantial and ongoing controversy. /3
The definition in #BillC8 is flawed even in the context of current gender theory. It talks about changing gender identity to cisgender without considering the possibility that gender identity could be non-binary, agender or any one of a growing list of possibilities. /3
The vagueness of the bill means that clinicians cannot tell what kinds of therapy actually amount to conversion therapy. The practical result is that therapists will be frightened away from any treatment which challenges the dominant affirming approach to gender dysphoria. /4
Dominant medical consensus can be wrong. Look at the history of eugenics, lobotomy or recovered memories. Locking a contested medical opinion in place with criminal law is dangerous and irresponsible. /5
There affirming approach to gender dysphoria is based on weak evidence and there is growing evidence that it is harmful in many cases. Young people are started on a path to irreversible physical change rather than having their mental health issues addressed. /6
The bill defines conversion therapy as any attempt to “repress or reduce non-heterosexual attraction or behaviour.” It does not provide any exemption for attraction or behaviour which is harmful or unlawful such as paedophilia. /7
The preamble to the bill states that the belief that gender identity can change is a myth. This statement disregards research on desistance among gender confused children and the experience of detransitioners which show that gender identity does change over time. /8
Gender transition has become a new form of conversion therapy for same sex attraction. Many young lesbians report starting medical transition in their late teens and deeply regretting it by their early twenties. /9
The terms of the bill are so vague that it may violate the guarantee of fundamental justice in section 7 of the Charter by imposing criminal penalties for conduct which cannot be clearly defined. /10
The bill may also violate the guarantees of life, liberty and security of person in the Charter by denying access to medical treatments based on the best and most current evidence. /11
The background materials for the bill deal mainly with conversion therapy for sexual orientation and do not consider the issues around gender identity and medical transition. /12
Many children who attend at gender clinics are on the autism spectrum or have mental health issues. The fear of being accused of practicing 'conversion therapy' prevents clinicians from properly considering these issues before recommending medical transition. /13
The bill goes beyond the conversion therapy bans that were upheld in the U.S. courts. The U.S. laws were state laws that applied only to licenses professionals and were upheld based on the right of states to regulate professional speech. /14
The Canadian bill is a federal criminal law which applies to everyone. On its face, it would prohibit religious teaching and counseling in terms that would violate the guarantee of freedom of religion in the Charter. /15
#BillC8 requires thorough study which should include input from all parts of the LGBT community, medical and psychological professionals on all sides of the debate, parents, de-transitoned people and all religious groups.
