By Joni BoydTuesday 9 Apr 2024Hope MorningsNewsReading Time: 9 minutes
Everybody’s talking about the Conversion Practices Ban, trying to make sense of exactly what the Ban entails – and how it will change the way Christians share the Gospel, and encourage others to live for Jesus in NSW.
Key points
- The Conversion Practices Ban “means that practices that try to actually change somebody’s sexual orientation or their gender identity are illegal, but also practices that suppress it.”
- While there are some safeguards built into the legislation, Christian groups are calling for some amendments.
- The report recommends changes to Australian Government policy around the way faith-based schools approach matters of sex, sexuality, gender identity, marital status and relationship status.
- There are concerns about the impact this legislation will have on Christians, churches and Christian schools.
- Hear whole conversation in the listener above.
Hope 103.2 Mornings spoke to Mike Southon, Executive Director of Freedom for Faith, to find out what it all means.
What is the ‘Conversion Practices Ban’?
“It means that practices that try to actually change somebody’s sexual orientation or their gender identity are illegal, but also practices that suppress it,” Mike told Hope 103.2.
The legislative reform to ban LGBTQ+ conversion practices in NSW passed the NSW Parliament on 22 March 2024 and commences in March 2025.
The Conversion Practices Ban “means that practices that try to actually change somebody’s sexual orientation or their gender identity are illegal, but also practices that suppress it.”
It could have been better…
While there are some safeguards built into the legislation, Christian groups are calling for some amendments.
“The structure of the Act is that it defines a “conversion practice” as anything “directed to changing or suppressing the individual’s sexual orientation or gender identity” and then states exemptions which are not “conversion practices,”” says a statement from Freedom for Faith.
“These include clear exemptions for medical practitioners, as well as more limited protections for parents talking to their children, religious teaching, exhorting people to follow religious teaching, and “genuinely facilitating an individual’s coping skills, development or identity exploration to meet the individual’s needs””.
It could have been worse
Despite serious concerns, the bill is generally accepted to be better than the Victorian legislation.
“The bill could’ve been a lot better, but it could’ve been a lot worse,” Mike said.
“We genuinely thank the government for negotiating on this bill, and we thank the opposition for trying to make the bill a lot better.”
While there are some safeguards built into the legislation, Christian groups are calling for some amendments.
There are questions needing answers
Many people are concerned about the fact that the word ‘suppression’ hasn’t been defined in the legislation, leaving room for misinterpretation and exploitation.
“Unfortunately, ‘suppress’ is not very well defined in the legislation, so that’s one of our big concerns,” Mike said.
This is where many people are concerned about the breadth and width of the ban’s power to in-turn, suppress the Christian voice (and those of medical practitioners).
“It’s disappointing we couldn’t get a clear definition of ‘suppression’, it does leave the bill very ambiguous and we’re not quite sure what covered and what things are not,” Mike said.
Many people are concerned about the fact that the word ‘suppression’ hasn’t been defined in the legislation, leaving room for misinterpretation and exploitation.
Additionally, the inclusion of gender identity is causing concern.
“Having gender identify in the bill, makes the bill a lot worse,” Mike said.
“Gender identity is highly controversial, and the science is moving rapidly. We think having gender identity in the bill makes things unnecessarily complicated. It should be treated in separate legislation.”
The Australian Christian Lobby (ACL) agrees.
“The NSW Conversion Practices Ban Bill 2024 supports harmful gender-transition treatments, erosion of fundamental freedoms, and stifling of religious expression,” they said in a release.
“The Bill’s bias towards affirming gender-transition pathways and ambiguous language threatens freedom of speech, religion, and parental rights.”
Medical practitioners are protected
“The legislation is very clear around medical practitioners,” Mike said.
“It says that if it is a health service or treatment provided by a registered health practitioner, that is clinically appropriate and reasonable, it will not be a conversion practice.
“The legislation gives some examples, which do include advising an individual about the potential impacts of gender affirming medical treatment, that is not a conversion practice.”
Churches and Christian schools yet to know impact
Nevertheless, there are concerns about the impact this legislation will have on Christians, churches and Christian schools.
Mike says that while the legislation isn’t great for Christians, churches and Christian schools, it could be a lot worse.
There are concerns about the impact this legislation will have on Christians, churches and Christian schools.
“There are exemptions for teaching and expression – including prayer – of religious principle and also, saying that you should follow or apply this religious principle,” he said.
“Unfortunately, there is wording around the exemption that makes it a little bit more ambiguous, but we believe that those exemptions should keep the average Christian safe.”
Encouraging others to live for Jesus is protected
Mike believes that the legislation leaves room for those of the Christian faith to continue sharing the Gospel while encouraging one another to live for Jesus.
“On the wording of the exemption, saying that ‘God says, this is how you should live out your sexuality and I believe you really should do that,’ seems to be completely protected,” he said.
Mike believes that the legislation leaves room for those of the Christian faith to continue sharing the Gospel while encouraging one another to live for Jesus.
While Christians are free to continue speaking as they have been, Mike says the thing to watch is how the Government implements the legislation. Over the next 12 months, the Government will conduct an ‘education process’, which will determine the breadth and width of the ban.
“Being able to teach what you believe, being able to talk with other people about what you believe – especially conversations with parents and kids – is protected. There is ambiguity around, in an individual conversation, how firmly you could press another person, you really should be living this way. The more insistent you get, the closer you’d be getting to what the legislation calls a suppression practise.
Next steps
Mike encourages Christians to not be afraid. “We don’t think this legislation is going to change how Christians can proclaim the Gospel and encourage people to live faithful lives for Jesus,” he said.
Lobbying groups are still hoping to bring amendments to the legislation.
“It makes things complicated, but we think that we can continue on as God’s people.”
Lobbying groups are still hoping to bring amendments to the legislation.
“During the debate, the opposition and minor parties put forward a number of amendments that would’ve made the legislation clearer, and so that we know where the line more clearly is.
“That was a great effort by them, and we appreciate it. Unfortunately, the amendments didn’t go through but we’re hoping we can still clarify the exact line of this legislation.
“The law doesn’t come into effect for 12 months, and as we go, we’re going to get a much better picture of how we’re going to be living with this bill.”
ACL invites Christians to join them in “advocating for the removal of “gender identity” from the Conversion Practices Prohibition Bill.”
Learn more about how you can be involved at acl.org.au.
Read the full ‘Conversion Practices Ban’ at dcj.nsw.gov.au.
What does the ALRC anti-discrimination report actually say?
The report, put together by the Australian Law Reform Commission (ALRC) recommends changes to Australian Government policy around the way faith-based schools approach matters of sex, sexuality, gender identity, marital status and relationship status throughout Australia.
“No school would be permitted to discriminate against students or staff based on those attributes protected by the Sex Discrimination Act (SDA),” the Australian Government said in a release.
The Australian Human Rights Commission (AHRC) puts it this way: “The ALRC’s recommendations would ensure that students and teachers are protected from discrimination on the basis of their sexuality, gender identity, marital or relationship status, or pregnancy – regardless of which school or educational institution they attend.”
AHRC goes on to explain that the report also recognises “the right to freedom of religion and that religious schools should be able to preference the employment of people who share the same religion, where this is reasonably necessary and proportionate to the aim of building or maintaining a community of faith.”
While the report simply contains recommendations, there are concerns around the consequences for Christians, if the recommendations are adopted.
The report recommends changes to Australian Government policy around the way faith-based schools approach matters of sex, sexuality, gender identity, marital status and relationship status.
“The issue of religious freedom is well and truly back on the political agenda,” said Christian Media and Arts Australia (CMAA) Director and Advocacy Lead Stephen O’Doherty in a release.
What does this mean for Christian schools?
Mark Spencer, Director of Public Policy for Christian Schools Australia (CSA) says it would be devastating for all faith-based schools.
“If this was adopted, it would be the epitaph on the grave of faith-based schools in Australia – it’s that serious,” he told Hope 103.2 and explains that CSA is hoping the government will reject all the recommendations.
“This report, if it was adopted, would effectively have the government tell us what we can believe and what we can’t believe, when it comes to matters of sex, sexuality, gender identity, marital status, relationship status.”
In effect, the Australian Government would be able to decide on what beliefs are – and aren’t – legal.
“This is the government… saying, ‘You can’t believe things on those areas that we don’t want you to believe; you can’t hold traditional Christian views, you can’t hold traditional Islamic views, you can’t hold traditional Jewish views… they would be saying, ‘You can’t hold them, you can’t require them to be held by your staff and you may not be able to teach them in your schools,” Mark said.
In effect, the Australian Government would be able to decide on what beliefs are – and aren’t – legal.
CMAA shares CSA’s concerns, describing it as “one of the most significant [issues] to be dealt with by Australia’s 47th Parliament, [and] would mean significant changes to Australia’s human rights and anti-discrimination laws… [and] for religious based education providers in particular,” Stephen said and explained that faith-based educational groups and other faith leaders have expressed deep concerns, “about not only the specific impact of the government’s draft changes, but also the gross effect on the balance between religious freedom and individual rights.”
Many organisations are primarily concerned that this may mean that faith-based schools will lose the “positive right to choose staff who not only affirm the faith but also act in a way consistent with the teachings of that faith, including its moral teachings,” Stephen said.
“Christian schools are arguing this will severely limit their ability to provide a teaching and learning environment that represents an authentic expression of their faith.
“They also point out that they are not seeking the right to discriminate against students based on attributes such as sexuality, gender or pregnancy as is widely claimed in public debate.”
Can we read the report?
The report is currently not available to the public which, Stephen believes, is not in the public interest.
“The Government has said it wants to obtain bi-partisan agreement before presenting the legislation to the Parliament for debate, and to that end it has provided a copy of the draft to the Opposition,” he explained.
The report is currently not available to the public.
“It is vital that faith communities have the opportunity to express their view about the draft legislation hence it should be released.
“Both Government and Opposition should openly be able to consult communities most affected by these measures.”
How can we stop faith-based schools being impacted?
Many believe that the report has been designed specifically to undermine faith-based education in Australia. Mark agrees and says the time is now, to speak up about our concerns.
“Don’t delay, kill it today,” he said of the recommendations.
“[We] need to come out strongly and repudiate the report, it’s recommendations and make sure they get sensible solutions around this area.
“There should be enough wisdom to find a sensible solution, but this report isn’t a sensible solution.”
Hear the whole conversation in the listener above.
Feature image: Photo by CanvaPro