The NSW Council of Churches (NSWCC) has written to the NSW Premier, Chris Minns asking action under Conversion Practices Ban Act 2024 which came into effect this month, be paused, pending a review of the new law.
“We request that you indicate that your Government give an assurance to us, affirmed at the next sitting of Parliament, that these provisions of the said Act will be immediately reconsidered and that said offences under the Act will have no validity until that time (even if retrospective legislation has to be passed),” the NSWCC letter reads.
Advice from Anti Discrimination NSW (ADNSW), in response to questions from the NSWCC, makes it clear that some forms of prayer in NSW are unlawful under the new law.
Asked if prayer, public or private, was banned, ADNSW responded: “The Conversion Practices Ban Act 2024 does not prohibit prayer in any way. However, praying with or over a person to change or suppress their sexuality or gender identity is unlawful. It is unlawful even if that person has asked you to pray for them to be able to change or suppress their sexuality or gender identity.
“There is no distinction between things that happen in public and in private in the Act. The important thing is whether the prayer or expression of belief is:
(a) directed to an individual on the basis of the individual’s sexual orientation or gender identity, and
(b) directed to changing or suppressing the individual’s sexual orientation or gender identity.”
A second NSWCC question asked: “whether the said consensual prayer for suppression or change in counselling situations and/or in the pastoral facilitation of the development of a person’s identity and living out their beliefs, which may in some situations lead to celibacy.”
ADNSW pointed to the exemptions that do exist in the act
“The Conversion Practices Ban Act 2024 supports all people practising and enjoying their religion and faith. It allows individual views on sexuality and gender.
The following practices are not against the law in NSW:
“Statements of belief
• Including statements of belief or principle about gender, sexuality, marriage, celibacy or homosexuality in documentation or on a website, as long as the statement is not targeted at an individual to change or suppress their sexual orientation or gender identity
• Discussing any of the above subjects in private or in general conversation, as long as the discussion is not targeted at an individual to change or suppress their sexual orientation or gender identity
• Delivering a sermon or other teaching to a group of people on any of those subjects, as long as the sermon is not targeted at an individual to change or suppress their sexual orientation or gender identity
• Discussing any of the above in study groups or other learning environments, as long as the discussion is not targeted at an individual to change or suppress their sexual orientation or gender identity
• Creating resources that support a faith’s position on any of those subjects.”
But the ADNSW response also pointed out: “General comments about celibacy and abstinence in broad statements of belief are not unlawful. However, telling a person in a same-sex relationship that they must stop being sexually active and become celibate could be regarded as suppressing a person’s sexuality and may be unlawful, depending on the circumstances.
“Similarly, telling a person who is attracted to people of the same sex that they should remain celibate and never marry or have a sexual relationship with a person of the same sex, could be regarded as suppressing a person’s sexuality and may be unlawful, depending on the circumstances.
“Consensual prayer or counselling will be unlawful if its purpose is to suppress or change an individual’s sexual orientation or gender identity.”
A broken promise
The ADNSW response clarifies that sermons (not directed at an individual) are lawful. Not having a ban on sermons was promised by Premier Minns. But he also promised not to ban prayer.
NSWCC Executive Director Ross Clifford described the wait for the ADNSW advice, and their subsequent disappointment in the letter.
“Whilst for some of us the fear was that the Act would make consensual prayer for suppression or change an offence, others relying on assurances from Government leaders like yourself, understood the Act would not have that effect. With no clarity forthcoming we waited for the promised ADNSW advice regarding the effect of the Act.”
Then opposition leader Minns told a faith communities forum in Parramatta in Febraury 2023 “We’re not just going to transpose the Victorian legislation and implement it into New South Wales,”
He added: “So I need to say … this has got to be directed at an individual’s – the ban or the conversion ban has to be directed at an individual’s sexuality with the direct purpose of suppression. Taking offence at the teachings of a religious leader will not be banned. Expressing a religious belief through sermons will not be banned. And an individual, at their own consent, seeking guidance through prayer will not be banned either. “
In a follow up letter, Clifford has asked the Premier if the ADNSW advice is the government’s view on how the legislation should operate.
NSWCC advice to churches
• On prayer we are of the opinion that a tribunal or court would interpret Section 3 of the Act that ‘conversion practice’ does include praying with and for someone to change or suppress their gender identity or sexuality even with their consent and even if done in private.
• Secondly, the question remains whether a single prayer would offend or whether it would have to be a number of prayers. This question was directly asked of ADNSW with respect to someone coming off the street into a church and asking a church leader for prayer eg, they’re married and love their spouse and children but are experiencing some unwanted same sex attraction and want prayer for that. The answer given was ‘yes’ to it being an offence. However, Section 3(1) inserts the words “practice, treatment or sustained effort”. Our belief, contrary to ADNSW, is that a single prayer doesn’t meet that definition. We need to be aware that the Attorney General in his 2nd reading speech on the Act cites the Macquarie Dictionary which “defines ‘treatment’ as the application of medicines, surgery, psychotherapy, etc., to a patient to cure a disease or condition. This term can apply to single instances of conduct and specifically highlights the purported therapeutic function of some conversion practices.”
[The Other Cheek notes that the South Australian version of the law Conversion Practices Prohibition Act 2024 modelled heavily on the NSW law has an addition to the definition of a conversion practice ” a practice, treatment or sustained effort that consists of more than 1 event or occurs on more than 1 occasion.” This was the result of lobbying by heads of churches.]
• Thirdly is the form of a prayer. Praying that the person can accept God’s will for their life may not breach the law, whereas praying that a person finds the strength to refrain from acting on same sex attraction may be in breach. (It is disappointing that we have to consider such legal technicalities.)
• With respect to counselling and or pastoral care with respect to celibacy, ADNSW has provided this advice: “General comments about celibacy and abstinence in broad statements of belief are not unlawful. However, telling a person in a same-sex relationship that they must stop being sexually active and become celibate could be regarded as suppressing a person’s sexuality and may be unlawful, depending on the circumstances.”
• They expand on this celibacy statement by saying: “Similarly, telling a person who is attracted to people of the same sex that they should remain celibate and never marry or have a sexual relationship with a person of the same sex, could be regarded as suppressing a person’s sexuality and may be unlawful, depending on the circumstances. Consensual prayer or counselling will be unlawful if its purpose is to suppress or change an individual’s sexual orientation or gender identity.”
• On preaching / teaching any sermon on LGBTQIA+ that calls for repentance on the face of it would not be unlawful. That would be the case with respect to a sermon that is not part of a lengthy series on the topic and could not be seen as a ‘sustained practice’. Also any such sermon would need to be ‘directed’ to an individual which is required under 3(1)(a) to be considered a conversion practice. So clearly one should not be seen to be identifying a particular person/s in the sermon.
The NSW Council of Churches has representatives from eight evangelical Christian denominations: Anglican, Baptist, Reformed, Churches of Christ, Congregational, Presbyterian, Salvation Army, and Missionary Alliance of Australian Churches.
Image: Minns at the faith communities forum.
At stake here is the issue of identity. One’s religious identity as a son/daughter of the God of the Bible has real connections to one’s convictions, thoughts, speech and behaviour. The NSW Act is an attack by the proponents of one form of self-identity upon the identity of others. It is inherently an example of discrimination, coupled with the use of “science” or current medical opinion to oppress others whose opinions flow from the religious identity. The Government has been fooled into enacting oppressive, discriminatory and degrading legislation which should be repealed forthwith.