NSW Looks Set To Ban Gay Conversion “Therapy”. What’s Taken So Long?
NSW is set to become the latest Australian state to ban gay conversion practices after Premier Chris Minns posted on X (I miss the word Twitter) that the state was “ending it for good”.
NSW is one of the last states that still allows LGBTQ+ conversion practices – so we're ending it for good.
— Chris Minns (@ChrisMinnsMP) August 22, 2023
While this announcement seemed to have come out of nowhere, Labor and Minns have long promised to bring an end to LGBTIQ conversion practices in NSW. The state is one of the few in Australia that hasn’t moved to ban the outdated practice so Minns’ announcement is a welcome sign that we are moving forward.
Gay conversion “therapy” is an archaic practice that is based on the idea that someone can change their sexuality or gender identity through psychiatric treatments and spiritual intervention. It’s incredibly widespread in America but Australia has a long, dark history of trying to force queer people out of their identities through inhumane means, including exorcisms.
Currently, there is no national ban on gay conversion so it’s largely up to states and territories to implement their own laws outlawing the practice. And it looks like NSW is gearing up to introduce a bill doing just that.
What’s Taken NSW So Long?
So if it’s so readily known that gay conversion causes an immense amount of trauma and doesn’t actually work, why has it taken so long for NSW to ban it?
As with most issues, banning gay conversion became a political battle ground in the previous state election. During the election campaign, Minns pledged to end “dangerous and damaging” gay conversion practices if his party were elected. Former NSW Premier Dominic Perrottet also backed the ban saying that his government will “provide in-principle support” for any legislation that seeks to end gay conversion practices.
But actual movement on a ban didn’t seem imminent until Independent MP Alex Grenwich said he would propose a bill that sought to outlaw the practice. This week, Greenwich announced that he will introduce his Equality Legislation Amendment (LGBTIQA+) Bill and the Prohibition of Conversion Practices Bill into the NSW Parliament on Thursday August 24. “NSW is essentially last in the country when it comes to LGBTIQA+ rights,” Greenwich said. “This bill amends over 20 acts and creates the new prohibition on conversion practices.”
Despite support for the bill, Attorney-General Michael Daley said that the Labor government wants to create their own laws banning gay conversion instead of supporting Greenwich’s. Although many people welcome Labor’s strong commitment to banning gay conversion, some are worried that Minns’ religious vilification bill — which amended the Anti-Discrimination Act to make it illegal to vilify people or organisation on religious grounds — might actually allow those engaging in gay conversion practices to make complaints against those who are trying to ban it.
Where’s The Rest Of Australia At?
Back in August 2020, Queensland became the first Australian state to ban gay conversion practices. Any healthcare professional in the state who attempts to change or suppress a person’s sexual orientation or gender identity faces up to 12 months of jail time — 18 months if the victim is a minor. However, activists and survivors were critical of the law because it only targeted healthcare professionals and not other places gay conversion can occur like schools, churches, religious groups, and within families.
The ACT also moved to introduce the Sexuality and Gender Identity Conversion Practices Act 2020 (ACT) in August 2020. Offenders can face up to a year in jail and up to $24,000 in criminal fines. Unlike Queensland’s bill, ACT’s one extends to religious organisations, not just healthcare professionals.
Interestingly enough, Victoria could have been the first Australian state to ban the practice as Premier Daniel Andrews called it a “bigoted quackery” that “destroys lives” back in 2019. However, the bill took a while to get through the Victorian government and was only passed in February 2021. This bill is tougher than the Queensland one, with offenders facing prison terms of up to 10 years for anyone caught trying to conduct suppression practices.
Gay conversion bans are currently being discussed in South Australia, Western Australia, and Tasmania, but the Northern Territory is yet to discuss or introduce any bills.
How Rampant Are Gay Conversion Practices In Australia?
You’d be forgiven for not realising that gay conversion practices even exist in Australia. If you aren’t part of the queer community, it’s something that slips under the surface of public consciousness. That’s because conversion practices often happen behind closed doors in churches, religious groups and organisations, at schools, and at home.
There was an extensive report by La Trobe University and the Human Rights Law Centre called Preventing Harm, Promoting Justice which looked at gay conversion practices, their spread, and how they affect queer people in Australia. The report found that up to 10 percent of queer Aussies are still vulnerable to conversion practices.
The report also found that although there isn’t any extensive data on gay conversion in Australia, there are at least 10 organisations that publicly advertise the “provision of ex-gay and ex-trans therapies in Australia and New Zealand”. Also, even though advertising of gay conversion services have declined in the past decade, the practice has been mainstreamed “in conservative Protestant churches”.
While it’s been slow, progress is being made to address the harm that is inflicted upon queer people under a misguided attempt to “fix” them. The Minns government has an opportunity to look to the flaws in the other states’ legislation and implement a comprehensive bill that targets not only health professionals but also churches that peddle gay conversion “therapy”.
Ky is a proud Kamilaroi and Dharug person and writer at Junkee. Follow them on X.
Image credit: AAP Image / Bianca De Marchi