The day has come in Victoria where Christians and Churches need to decide whether to obey God or the Government. Such a decision should never be forced onto believers but the current Victorian Government insists that it must be so.
There are times when we use hyperbole and exaggerate the significance of words or decisions, but I do not think this is one of those occasions.
The Change or Suppression (Conversion) Practices Prohibition Bill 2020 has been tabled in the Victorian Parliament. This is the most significant threat to religious freedom in Victoria in living memory. The current Government has been slowly removing religious freedoms for a number of years, but nothing quite like this.
Anyone found engaging in ‘change or suppression practices’ may face 10 years imprisonment.
“Cruel and bigoted practices that seek to change or suppress a person’s sexual orientation or gender identity will soon be stamped out across Victoria, thanks to new laws introduced to Parliament today.
The Change or Suppression (Conversion) Practices Prohibition Bill 2020 will put in place new measures to protect Victorians from the serious damage and trauma caused by conversion practices.
The Bill denounces such practices as deceptive and harmful, reinforces that the ideology behind these practices is flawed and wrong.
The laws empower the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) to consider and respond to reports of change or suppression practices from any person, as well as launch investigations where there is evidence of serious or systemic change or suppression practices.”
The Change or Suppression (Conversion) Practices Prohibition Bill may have wide-reaching ramifications for thousands of religious groups in Victoria, for 100,000s of Victorians, and for the entire State as it turns its back on religious freedom in favour for State-controlled religion.
Now that the Bill is available to read, what does it mean for Christians and for churches?
The Bill is long and complex. There are important details that need to be addressed which I or others will do so later on. I want to comment here on some of the larger issues.
I want to begin by stressing that if the Government’s intention is to protect vulnerable people from extreme practices that were once employed by a few and marginal religious groups, there is a warrant for conversation.
When the Guardian reported,
“Religious groups have sought to distance themselves from the older practices of electro-shock treatment, aversion therapy or other extreme methods, while arguing that religious counselling encouraging people to change their sexuality or gender identity should not be banned if a person consented to the treatment.”
I must respond and say, not true. We are not distancing ourselves from these older practices because almost no church ever engaged in them. Until a few years ago I didn’t know that such practices once occurred in a few religious groups. Despite the efforts of the Government and various advocacy groups, this is not and was never widespread among Christians in Victoria. In addition, I note the government has carefully avoided telling the public that this the so-called ‘conversion therapy’ originated not with Christian churches but within secular psychology. Decades ago, some well-meaning people unfortunately adopted the ideas and practices from psychology and added a spiritual twist.
If the Government is concerned with banning shock therapy and particular counselling methods, pretty much all Christians would find agreement. For those people who have undergone those kinds of experiences, I pray that they will find healing and come to know the God of all comfort. However, these narrow and debunked practices are not the parameters of this Bill, nor the goal of this Bill. Both the Premier and the Attorney General have made it clear,
Premier Daniel Andrews referred to conversion practice as,
“This bigoted quackery”,
“The Bill denounces such practices as deceptive and harmful, reinforces that the ideology behind these practices is flawed and wrong.”
Attorney-General Jill Hennssey said,
“We’re sending a clear message: no one is ‘broken’ because of their sexuality or gender identity,”
“These views won’t be tolerated in Victoria and neither will these abhorrent practices.”
Let us take note, it is not only the alleged activity that Daniel Andrews and Jill Hennessy want to be eradicated from Victoria, it is “these views”. In other words, to think or have ‘these views’ is something that the Victorian Government wants rooted out.
In other words, the Government is not only targeting those rare, few and extreme practices (that frankly don’t happen anymore), the government is aiming its intention at the beliefs and the thoughts of 100,000s of Victorians. Is it the role of government to police our minds and to decide what theology can and cannot be believed? Since when did God give them jurisdiction over the conscience?
Churches are left with little protection
The Bill contains no explicit protection of the rights of religious people to believe and teach their views. At one point it refers to the Charter of Human Rights but it fails to offer any specific protection to religious people and religious organisations. With a note of irony that can’t be missed, the Bill’s explanatory memo references to “freedom of thought, conscience, religion and belief”, in the context of constructing an entire Bill aimed at taking those freedoms away.
The Government’s position is of course hypocritical and disingenuous. For example, while they argue sexual orientation is fixed and that persuading anyone of an alternative is morally wrong, the Bill offers protections for those who are in the business of transitioning people into a gender other than their birth sex. In another law that the Government pushed through a year ago, on one’s birth certificate you are free to legally change the gender on your birth certificate every 12 months. When it comes to children who are wrestling with gender dysphoria, they are now encouraged and urged to no longer identify with their biological sex but to assume a new gender identity. The government have acted in this manner despite an increasing consensus in the medical fraternity that this kind of counselling and medical intervention is fraught with danger and is unlikely to resolve the issues facing these children.
What is considered ‘conversion or suppression practice?
In terms of the particulars of this Bill. it is important to understand how terms are defined, in particular, what constitutes ‘conversion or suppression practice’.
5 Meaning of change or suppression practice
(1) In this Act, a change or suppression practice means a practice or conduct directed towards a person, whether with or without the person’s consent—
(a) on the basis of the person’s sexual orientation or gender identity; and
(b) for the purpose of—
(i) changing or suppressing the sexual orientation or gender identity of the person; or
(ii) inducing the person to change or suppress their sexual orientation or gender identity.
(3) For the purposes of subsection (1), a practice includes, but is not limited to the following—
(a) providing a psychiatry or psychotherapy consultation, treatment or therapy, or any other similar consultation, treatment or therapy;
(b) carrying out a religious practice, including but not limited to, a prayer based practice, a deliverance practice or an exorcism;
(c) giving a person a referral for the purposes of a change or suppression practice being directed towards the person.
Take note of the following details:
- The Bill will ban consensual practices. If a person invites a pastor or person to pray for them in relation to their sexual orientation or gender identity, the pastor or person can be charged according to the Act.
- Section 5.3 provides examples of what constitutes ‘practices’. Prayer is banned. For example, if a person asks for prayer that they would live a godly life and refrain from sexual activity that they believe is inconsistent with follow Jesus Christ, the person praying can be charge according to this Act.
- Section 5.3 specifies that practice is not limited to the examples that are provided.
Where does this leave preaching and teaching the Bible’s sexual ethic? What of the sermon, the Bible study group, and seminars?
To be clear, Christianity does not teach that a persons gender or sexual orientation will change. Christianity does however teach and urge Christians to live sexually godly lives which include only having sexual relations within the marriage covenant between a man and a woman. The Bible contains many exhortations for believers to not engage in sexual activity outside marriage. Will these formal and informal conversations be permitted under this Bill? At the stage, that is far from certain.
For teaching abstinence or offering pastoral counselling in line with the Bible’s vision of sexuality, and praying with fellow believers that they will be godly in their sexuality, does this fall foul of the Bill?
This ambiguity needs to be clarified in the Bill. If teaching and sermons and study groups are not subject to this Bill, then it needs to be made explicit so that religious organisations are afforded due protection.
As it stands, there are details that this Bill does not answer and deliberately (or least it seems a conscious decision) leaves open. What if a church runs a seminar on marriage or raising children and we explore the bibles teaching on sexuality?
Where the Bill is silent, we may turn to the Bill’s explanatory memorandum and to the HCC and HRLC reports which the Government used extensively for shaping their position.
The explanatory note states,
“These examples are illustrative only and do not narrow the definition in subclause (1) which is intended to capture a broad range of conduct, including, informal practices, such as conversations with a community leader that encourage change or suppression of sexual orientation or gender identity, and more formal practices, such as behaviour change programs and residential camps.”
In other words, a conversation is deemed an offence. A chat where a Christian encourages another Christian to follow a Christian ethic could become unlawful.
The Explanatory memo doesn’t hold as much legal weight as the Bill itself. However, I am reliably informed that a Court may refer to the explanatory note.
The Health Complaints Commissioner’s Report for the Government, adds this information,
“Conversion therapy/practices reinforced homosexuality as a form of ‘brokenness’”
“Church teachings that homosexuality is sinful;”
Notice the attention given to Church teachings (as opposed to other religions who also identify homosexual practices as sinful). In other words, classical Christian teaching about sexuality is deemed to be harmful. According to the HCC, an exposition of Romans ch.1 or 1 Corinthians ch.6 would fall under the umbrella of harm. If a Church organises a marriage enrichment day where the Bible’s presentation of marriage is affirmed, this event could fall foul of harm. From weddings to Sunday sermons, from Bible study groups to counselling sessions, in contexts where sex outside of heterosexual marriage is spoken of as sinful or broken, the Health Complaints Commissioner identifies all of the above as harmful and therefore the State can justify limiting religious freedom.
The other report which the Government has underscored is from the Human Rights Law Centre.
Under conversion practice they include,
“pastoral care which includes (or claims to include) ‘counselling’, ‘healing’, claims about ‘curing’, ‘changing’ or ‘repairing’ a person’s sexual orientation or gender identity, or claims about improving a person’s mental or physical health, would likely still be classified as a health service, and the above regulations would apply.”
Indeed, the definition is so expansive that it may include sermons, Bible Studies, marriage courses, counselling, and prayer.
The HRLC report also included new forms’ of conversion practice, among them is self-control and abstinence.
“Instead, they are beginning to promote activities designed to help same-sex attracted people live chaste and celibate lives, in accordance with the sexual ethics of their religious traditions.”
The HRLC and HCC reports are not part of the Bill, but they do form background and reveal the sorts of practices that are being views. The Government has a responsibility to clarify where the HRLC and HCC understandings of ‘practices’ can or will influence interpretation of the Act.
Concluding Remarks for now
Once again, we can all agree that there used to be unhelpful and damaging practices done to fellow Victorians. We oppose them and pray that those individuals who have been harm, may find peace and healing. The Government’s Bill, as it stands, goes well beyond those archaic and now debunked practices. This is an attack on normal and deeply held beliefs and practices among Christians all over the world.
I am less shocked by the Government’s narrative as I am saddened. Pumping children with hormones and cutting off breasts and penises is not harmful, but Christianity is harmful. Praying for Christians to be godly about sex is harmful. Teaching the Bible’s vision for human sexuality and relationships could be defined as harmful.
Without important revisions and corrections, this Bill will make vulnerable 100,000s of Victorian Christians who are persuaded by the Bible’s vision for human sexuality. For Christians, this is never about forcing our views on anyone. It is about casting a better vision for the world and human life, and about persuading and loving others as Christ has loved us.
If the Government doesn’t intend to prosecute Christians or Churches for praying or teaching or practicing a Christian view of sexuality, then it is incumbent upon them to clarify their goals and to correct this Bill.
I trust that the Victorian Parliament will see commonsense and introduce significant revisions to this anti-religion Bill.
To Churches, faith groups, and denominations, I encourage you to write to your local members of Parliament and express your concerns winsomely and clearly.
LGB Group opposes the Bill
Associate Prof. Neil Foster begins to unpack the legal issues with the Bill – https://lawandreligionaustralia.blog/2020/11/26/victorian-conversion-practices-prohibition-introduced/?fbclid=IwAR1FXurFqxt6SFJojCi5BvSFK_agfYbp8Zn18UyY0E8qa4vcuG2QJ4l8ouA
This legal analysis exposes deep problems with the legislation, including how it works against children and families. No wonder LGB groups and some transgender people are appalled by the proposed Bill – https://freedomforfaith.org.au/library/labor-government-in-victoria-makes-prayer-a-criminal-offence?fbclid=IwAR378h-hypTQLwfVRM0KAoY-WRnhdQ22L2xUaJLgtXldSWSolZlBypYP8pw