Western Australia
"Conversion therapy"
The Victorian Model
The danger of the Victorian model of “conversion practices” legislation is in its definition of a “change or suppression practice”. The definition is so broad that it effectively covers any form of support, conversion or prayer in regards to sexuality – although the law expressly protects “affirming” conversations.
- Including “suppression” means that even the most basic advice not to do something could be a “conversion practice”
- Consent is irrelevant – even consensual conversations can be illegal
- The definition specifically targets religious practices including prayer
- 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
- on the basis of the person’s sexual orientation or gender identity; and
- for the purpose of—
- changing or suppressing the sexual orientation or gender identity of the person; or
- inducing the person to change or suppress their sexual orientation or gender identity.
- …
- For the purposes of subsection (1), a practice includes, but is not limited to the following—
- providing a psychiatry or psychotherapy consultation, treatment or therapy, or any other similar consultation, treatment or therapy;
- carrying out a religious practice, including but not limited to, a prayer based practice, a deliverance practice or an exorcism;
- giving a person a referral for the purposes of a change or suppression practice being directed towards the person.
To understand how this is implemented, the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) has created a site detailing what has now been made illegal. In it’s own words, this site shows how dangerous the Victorian model is.
(All quotes are taken from the VEOHRC site, or their explanatory video below)
An extreme definition of "harm"
The laws are based on an extreme understanding of harm and what is harmful. They do not just ban coercive and genuinely harmful practices, they consider anything that is not full support for LGBTIQ+ people to be “suppression”, which they claim is always harmful. This includes:
- Conversations
- Prayer
- Celibacy, or encouragement to not have sex
The Commission claims that these harms were significant enough to limit the right to religious freedom, which is otherwise protected under Victorian legislation.
Any activity to encourage this person to change or suppress their sexual orientation or gender identity will cause harm and is likely to be a change or suppression practice.
Read more quotes
The individual may feel tension and fear rejection if they are asked to choose between their faith and their sexual orientation or gender identity. There is evidence that this ultimatum leads to harm.
Prayers that are directed at a person to change or suppress their sexual orientation or gender identity cause harm and are prohibited.
A same-sex attracted member of your congregation is recommended or commits to celibacy:
Likely to cause harm and be a change or suppression practice.
Conversations risk causing deep harm
Restricting conversations
The Commission considers that even simple conversations can be considered harmful “suppression practices”. This includes talking to someone about “who they should have sexual relations with”. There is nothing in the legislation that protects conversations between family members, children and parents, or married couples.
Religious conversations about sexuality are also heavily restricted, unless they are actively approving of LGBTIQ+ activity.
Conversations risk causing deep harm and being a change and suppression practice when they are conducted for the purpose of changing or suppressing a person’s sexual orientation or gender identity, for example by telling people:
- how they should feel about themselves
- who they should have sexual relations with
- that their gender identity is not real or acceptable
Banning prayers
Prayer is clearly seen to be a private practice by the VEOHRC, and prayer with other people or for other people regarding sexuality or gender identity issues is potentially dangerous and heavily limited.
Prayers asking for Gods help regarding sexuality – even if asked for and completely consensual – are banned. For example the Commission states:
You can continue to practice your faith through your private prayers with your God …
Prayers that are directed at a person to change or suppress their sexual orientation or gender identity cause harm and are prohibited …
These could include prayers that
- ask for healing
- ask for a person to change
- ask for a person to not act on their attractions
- talk about a person’s brokenness or need to repent
- ask for long-term celibacy
Religious beliefs dictated by the Government
The Commission’s directions and information on their website don’t just target activities that they disapprove of, but also the beliefs that underly them. Throughout the website, they not only outline what is not acceptable, but tell people of faith what they are allowed to say, do and believe.
The Commission particularly targets the concept of sin or human brokenness – that humans are not perfect as they are, and need to be saved/healed/corrected. This is a fundamental belief of most of the world’s religions. Most faiths hold that all people have a broken sexuality in one way or another, and need to commit to living out a correct sexual ethic. The commission rejects this concept entirely, and requires faiths to teach that people are “perfect as they are”.
The approved religious beliefs are outlined in a section on the website titled “what is allowed?”, which dictates religious practice, teaching and prayers:
What is allowed?
It is completely legal – and encouraged – to undertake activities that support or affirm someone’s sexual orientation or gender identity, including:
- providing acceptance, support or understanding of a person – or referring them to a person more suited to do this
- facilitating a person’s coping skills to be their authentic self, or explore or develop their identity
- facilitating social support for the individual
- assisting a person to express their gender identity
- assisting a person who is undergoing a gender transition
- assisting a person who is considering undergoing a gender transition.
…
Support to these members can include reassuring them that:
- their God loves them
- everyone has a different path
- the person belongs in the faith: they are respected and included as they are.
…
Support in the form of prayer that does not cause harm include:
- praying for inner peace
- praying for guidance for that person
- prayer to affirm that the person is made in their God’s image, perfect as they are.
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