Change or Suppression (Conversion) Practices Prohibition Bill and Its Implications for Religions and their Members

The Change or Suppression (Conversion) Practices Prohibition Bill is an Act to denounce and prohibit change or suppression practices (sometimes referred to as "conversion practices"). The Bill creates new criminal offences relating to change or suppression practices. Change or suppression practices are harmful practices that seek to change or suppress an individual's sexual orientation or gender identity.

Purpose/s of the Proposed Law

The main purposes of the Act are:

• To denounce and prohibit change or suppression practices;
• To establish a civil response scheme within the Commission to promote understanding of the prohibition of change or suppression practices, consider and resolve reports of change or suppression practices, and investigate serious or systemic change or suppression practices;
• To prohibit engaging in change or suppression practices, including by creating offences in relation to engaging in change or suppression practices and other related activities;

The act seeks to eliminate the change or suppression practices in Victoria and to ensure that all people, regardless of sexual orientation or gender identity, feel welcome and valued on Victoria and are able to live authentically and with pride.

What acts are considered as “Change or Suppression Practice”?

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—

(1) Changing or suppressing the sexual orientation of gender identity of the person; or

(2) Inducing the person to change or suppress their sexual orientation or identity.

Such practice, according to subclause (4), may be directed towards a person remotely (including online) or on person.

Subclause (3) of Clause 5 sets out some examples of a change or suppression practice, which includes (but is not limited to) providing a psychiatry or psychotherapy consultation, treatment or therapy or any other similar consultation, treatment or therapy and religious practices such as prayer based practice, a deliverance practice or exorcisms. Another example provided is giving a person a referral for the purposes of a change or suppression practice to be directed against them.

What is the Implication of the Bill on Religious Organizations?

Common practices of faith leaders in different organizations include spreading the word of God by preaching bible passages, praying, conducting mass and offering spiritual advice which are protected by the fundamental right to freedom of thought or expression as well as the right to religion and belief.

Subclause 3 of Clause 5 are illustrative only and do not narrow the definition of “change or suppression practice” 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.

The proposed legislation is clear in giving the courts discretion on what is to be considered as a “change or suppression practice” due to its broad and ambiguous definition. Giving such power to the court, to determine and penalize person practicing such act, may be subject to grave abuse of discretion which can result to prejudice.

Under Clause 5 of the bill, the said prohibited practice can be committed against a person with or without his consent. This provision potentially makes it illegal to preach biblical verses, prayers teaching that may influence a person to suppress or convert his or her sexuality. It also prohibits faith leaders or pastors to give advice to their members who are merely seeking for guidance with regard to their sexuality. Clearly, it tends to abolish religious views that does not conform to the proposed law.

Pastors and leaders of the church will be prevented from fully accomplishing their duties and mission to help its members. They will think twice before preaching and guiding their members with regard to their sexual orientation with the fear of being penalized. Surely, this will have an effect to the members who seek spiritual guidance on the matter since they see the church as a moral compass. It can also limit their scope of understanding with regard to sexuality and self-identification due to the lack of religious perspective on the matter.

In protecting the rights of a marginalized sector of the community, the legislature must also take into consideration other sectors that will be adversely injured or affected by it. Here, while the bill specifically aims to promote the rights of LGBTIQ+ people[1], it also threatens to disregard the fundamental rights of the church to expression and religion.

[1] Explanatory Memorandum, Change or Suppression (Conversion) Practices Prohibition Bill 2020