“Now when Daniel learned that the decree had been published, he went home to his upstairs room where the windows opened toward Jerusalem. Three times a day he got down on his knees and prayed, giving thanks to his God, just as he had done before.Then these men went as a group and found Daniel praying and asking God for help. So they went to the king and spoke to him about his royal decree: “Did you not publish a decree that during the next thirty days anyone who prays to any god or human being except to you, Your Majesty, would be thrown into the lions’ den?” (Daniel 6)
When the State wants to control prayer
A few short years ago almost everyone would be shocked to learn that praying for a person who asks for prayer would be considered illegal activity and lead to 10 years in prison.
That is the situation facing Victorians.
This is not hyperbole. This isn’t exaggeration. Next week the Victorian Legislative Council will vote on one of the most extraordinary pieces of law ever proposed in our nation’s history.
Imagine an Australia where two people are having a conversation about life issues and they are trying to encourage and persuade one another. The police are called, one person is taken away and charged because they sought to persuade the other with the Bible’s view of sexuality.
As we become more aware that treatment for children with gender dysphoria is often led by ideology and not by best medical practice, the Victorian government is instead deciding to further enforce ideology at the expense of medical professionalism and the rights of parents to love and raise the children. Can you imagine an Australia where children are taken away from mum and dad because they’re convinced that changing their child’s gender at a young age is not wise or healthy.
In a country where there are already thousands of laws that can lead to fines of $100s and even $1000s, people found on the wrong side of Victoria’s new Conversion or Suppression Practices Act may face fines of up to $200,000.
Sadly this isn’t a dystopian fantasy. Unless the Legislative Council wisely sends the Government’s Bill to committee for significant revision and amendment, this will soon become law in my state of Victoria.
The Victorian State Government last year presented a Bill that will dramatically change the relationship between Church and State. The ‘Change or Suppression (Conversion) Practices Prohibition Bill 2020’ aims to outlaw practices that do not fully and without question, affirm the current popular view of sexuality and gender. This includes consensual prayers with individuals and conversations with individuals. Breaking this law may result in up to 10 years imprisonment and finds of up to $200,000. The Bill received majority vote in the Legislative Assembly late 2020, and it will be debated and voted on next week in the Legislative Council.
To be clear, as I and others have said a 1000 times, everyone agrees that in a few fringe groups there used to be dreadful practices used on people who were asking for help. No one takes issue with opposing aversion practice. However, this Bill extends far beyond the banning of these few and archaic practices. The Victorian Government aims to outlaw what are basic, historical, and Biblical Christian views and practices.
Associate Professor Neil Foster is among those in the legal fraternity issuing significant concerns about this Governmental overreach,
“The scope of this legislation goes well beyond the specific ‘injury’ offences that are created (while these are problematic enough),” comments Neil Foster, Associate Professor in law at the University of Newcastle. “The bill creates a powerful set of bureaucratic mechanisms by which religious groups presenting the classic teachings of their faith may be subject to investigation and ‘re-education’ by human rights officers.
“It arguably makes the presentation of some aspects of Biblical teaching unlawful if the aim of that teaching is to encourage someone to follow that teaching in their own life. Despite the appearance of addressing horrific and oppressive quasi-psychological procedures inflicted on young people, the bill goes well beyond this laudable goal, and will make it unlawful to provide assistance in obeying the Bible to those who explicitly and with full understanding request such help. Enactment of this legislation would be a serious mistake.”
There are legitimate concerns being raised not only by lawyers, but also feminist groups, LGBT people, and religious leaders. Instead of tackling a rare issue with precision, the Government is bring out the flame thrower and setting the entire bush of fire. And then, when reasonable minds challenge the Premier, he unfortunately responds with sledging and accusing fellow Victorians as being bigoted and hateful. Instead of civil conversations on important issues, we face insult and slander.
Returning to Daniel for a moment (the Bible man not the Premier). In that famed story about the lion’s den we should note that Daniel wasn’t praying to God in front of the royal court. He wasn’t running down mainstream Babylon with placards and praying with a megaphone. He wasn’t pining anyone against the wall and praying without their consent. He was in his own home, praying in accord with his convictions. For Babylon’s cultural police, who didn’t wait 2400 years for the invention of Big Brother, they sent in their spies and informants to catch out those who dare defied the religious orders of the Government. This will soon be Victoria. Churches, synagogues, mosques, schools, and homes will need to begin planning for this kind of eventuality.
Parents are targeted in this Bill
It is not only religious groups who are being threatened, this Bill impacts health professionals and even parents.
Assoc Prof Foster details how the Bill poses genuine threats to personal conversations and relationships,
“I see nothing in the bill to say it might not apply to conversations within a family context or just between friends. In section 9 of my latest blog, I refer to the deliberately obscure ‘example’ that is put into the Family Violence legislation involving a child critiquing a parent for their same-sex attraction. [This is part of the legislative package with the conversion bill] The example is there, I think, to make it clear that –
- The Family Violence law can be extended to the obviously analogous case of a parent urging a child not to engage in same-sex activity; but also
- To illustrate the fact that the sort of behaviour caught by the bill can happen between family members! Now the amending provision itself only operates for the FV Act, but as it is part of a “package” of amendments, I think it sends a signal that conversion or suppression practices (CSP) can be carried out by family members.
- I do say in Section 1 [of the blog] that the relevant exception protecting health practitioners ‘does not apply to counselling or advice given by pastors or fellow congregation members or teachers or parents’.”
“In short, a CSP can be ‘conduct’ (a one-off incident), under section 5 it is not limited to being carried out by any organisational office holder, and under section 9 we see that ‘a person’ contravenes the Act if ‘the person’ carries out a CSP.
“So, yes, the prohibitions will apply to someone who is a family member or a friend.”
Victoria in Danger of losing secular status.
A secular society is no longer secular once it interferes with church and religion, to the staggering extent that this Bill will orchestrate. Instead of the State and Churches working together as partners for the good of society, the State is now assuming the role of Archbishop and laying down dictates as to what religious people may and may not believe teach and practice.
We are witnessing the erosion of the healthy distinction between state and church. The hypocrisy is all the more egregious when we recall how mainstream media and social commentators damned Scott Morrison to hell for offering a prayer during the bushfire crisis last season. But when Victoria’s Premier, Daniel Andrews, spoke in Parliament and decried religious ‘bigots’ (that is, those who actually believe the Bible) the Premier was praised.
While we must be concerned about the recent rise of Christian nationalism in some parts of the world, we should also be concerned with the rise of civic religion. The current Victorian Government has made past overtures to take control of religious groups, this latest attempt looks as though it will be successful. Do secular Victorians really want Government dictating religious prayers and conversations?
A healthy and pluralistic society shouldn’t want to prescribe laws banning prayer or religious conversations on issues like sexuality and gender. But such is the situation now facing Victoria. Those who in 2017 preached that same sex marriage will never lead to religious discrimination have proven to be false prophets.
Daniel (again, the Bible man not the Victorian politician!) faced this dilemma in Babylon. Would he follow an outrageous law of an authoritarian figure or will he continue to trust and obey the God he loves? Would he pray in line with Governmental directives or will pray in accord with his convictions? Yes, it seems so insanely ridiculous to even pose the question; but that’s Victoria in 2021. Of course, there have been many Governments since Babylon who’ve tried to control the prayers of the people. Does anyone remember Henry VIII, bloody Mary, and James 1? History teaches us that in the long run, it doesn’t bode well for Government or society to tell people of faith how to pray or preach or counsel.
No Victorian is being thrown into a lions den, but years of imprisonment and enormous fines are on the offering for those who hold to their religious convictions and seek to share the good news with others. Parents face having children taken from them. If criminal charges don’t stick, there is a civil tribunal waiting for us. Should a complaint be made, even anonymously, that is enough for Government bureaucrats to kick into gear and have religious people and parents dragged before a tribunal and even forced to attend reeducation courses.
I am calling on members of Victoria’s Legislative Council to delay vote on this highly contentious Bill, and to receive amendments.
I commend these sensible amendments that are being proposed by Mark Sneddon, Executive Director, Institute for Civil Society here in Melbourne.
Proposed Amendments to the Bill
- The Bill should only ban “conversion practices” directed to a child or to a person with impaired capacity, but not to an adult who has consented to the practice.
- The bill should not ban conduct by family and community members but restrict the ban to conduct by health services providers
- The bill should protect conduct by health service providers which in their reasonable professional judgment is clinically appropriate
- The provisions dealing with change or suppression of gender identity should be removed because they are incoherent and they will push clinicians into an uncritical affirmation approach to gender transition
- The bill should permit communication of religious beliefs to all people and permit religious counselling, pastoral care and prayer for people over 16 with informed consent and the right to leave
- VEOHRC’S powers under the bill should be the same as under the equal opportunity act in dealing with discrimination and exclude new compulsory powers and issuing enforcement notices