The Times Australia
The Times World News

.
The Times Real Estate

.

Why New Zealand's proposed law banning conversion practices is so unlikely to criminalise parents

  • Written by Eddie Clark, Senior Lecturer, Faculty of Law, Te Herenga Waka — Victoria University of Wellington
Why New Zealand's proposed law banning conversion practices is so unlikely to criminalise parents

Given all parliamentary parties have said they oppose conversion practices being performed on LGBTQ+ people, you could be forgiven for wondering why the first reading of the Conversion Practices Prohibition Legislation Bill[1] last week didn’t pass unanimously.

In the end, the bill passed comfortably, 87-33, but the National Party has sown doubt by voting against it due to the alleged risk[2] of criminalising parents “for trying to advise their 12-year-old child not to take puberty blockers”.

ACT voted for the bill to proceed to select committee but voiced similar concerns[3], and also argued[4] it would unduly restrict the ability of religious people to express and engage with their beliefs.

While there are some other aspects[5] of the bill that might assuage these concerns, whether or not these are realistic fears ultimately comes down to the bill’s definition[6] of “conversion practice”. The core of the definition is contained in section 5(1), which says:

In this Act, conversion practice means any practice that —

(a) is directed towards an individual because of the individual’s sexual orientation, gender identity, or gender expression; and

(b) is performed with the intention of changing or suppressing the individual’s sexual orientation, gender identity, or gender expression.

Read more: Why the ban on conversion therapy has to include religious groups[7]

The definitions are clear

Right off the bat, you can see that to count as a conversion practice there must be a practice. This word by itself strongly suggests a course of conduct or action is required.

Moreover, it must be “directed towards an individual” — again suggesting a passive failure to do something (such as not seeking affirming health care for a trans child) would not be caught by the law because it is not directed at a person.

The practice must also be intended to change or suppress the individual’s sexual orientation, gender identity or gender expression.

It is difficult to see how merely advising their child against a particular healthcare option could be seen as suppressing their gender identity or expression.

Section 5 explicitly draws on Australian legislation that also supports the idea that this sort of parental reluctance would not be caught by the bill. One of these Australian laws, a 2020 amendment to Queensland’s Public Health Act, gives examples[8] of what conversion practices include:

  • inducing nausea, vomiting or paralysis while showing the person same-sex images

  • using shame or coercion to give the person an aversion to same-sex attractions or to encourage gender-conforming behaviour

  • using other techniques on the person encouraging the person to believe being lesbian, gay, bisexual, transgender or intersex is a defect or disorder.

These are clearly ongoing courses of action directed at making a person associate pain and shame with their sexual or gender identity.

Read more: Why is the Australian Christian Lobby waging a culture war over LGBTQ issues?[9]

Why parents are covered

It is not unreasonable to see the examples in the Queensland act – which directly influenced the drafting of New Zealand’s bill – as further evidence that family discussions about appropriate health care (even if it involves parents not immediately seeking out the health care their child wants) simply aren’t matters the bill is concerned with.

It is, however, appropriate that the bill covers parents who do take an active course of action to suppress or change their child’s identity.

The sad fact is that, in almost all cases, if a child is subjected to conversion practices it is because their parents have sent them there. A general exclusion for parents would defeat the purpose of the bill.

That said, section 5(2) does explicitly exclude some types of conduct from the definition of conversion practice. These include helping a person express their gender identity or transition to a different gender, facilitating a person’s coping skills or identity exploration, and providing acceptance, support or understanding of an individual.

Expressing religious beliefs is allowed

There are also medical and religious exclusions. The former is written slightly oddly, but functionally means that regulated medical professions – including doctors, nurses, psychologists and psychotherapists – can provide advice and support for LGBTQ+ people within the normal ethical practice of their profession without risking being caught by the bill.

The professions covered by this carve-out do not include counsellors, although the Association of Counsellors unequivocally considers[10] conversion practices to be unethical.

The religious exclusion is not a general exemption for all conduct based on religious beliefs. That would defeat the purpose of the bill, because many conversion practices are indeed religious.

Read more: It's time to talk about gay reparations and how they can rectify past persecutions of LGBTQ people[11]

What it does do is state that merely expressing religious principles or beliefs to an individual without any intention to change or suppress their identity will not be caught by the bill. General religious discussion or preaching, even if it could be seen as homophobic, is not a conversion practice.

What this means is that if a priest, for example, said to an LGBTQ+ person, “It’s a sin to be gay, you’re a sinner”, this would not be caught by the bill. If, however, they added, “I can help change you, or make you put that part of yourself in a little box you never think about”, and offered “therapy” from a religious standpoint, it would be.

What is targeted is the practice, not the beliefs that motivate it. Given this explicit exclusion, ACT’s concerns about the effect on general freedom of religion seem overblown.

Definitions no reason to oppose the bill

The fears raised about the effect on families struggling to deal with a child’s gender identity are not borne out by the actual text of the bill.

On their own, awkward or emotional discussions, or a failure to actively seek out affirming health care, cannot reach the required threshold of active, deliberate conduct.

If even more clarity is required, perhaps the wording of the definition could be changed to “actively suppressing”, making it (even more) crystal clear that passive failure to act cannot be caught. That is a very minor tweak, however, and could easily be made at the select committee.

It is certainly no reason to vote against ending a practice that every party in parliament agrees is cruel and unnecessary.

References

  1. ^ Conversion Practices Prohibition Legislation Bill (www.legislation.govt.nz)
  2. ^ alleged risk (www.nzherald.co.nz)
  3. ^ similar concerns (www.nzherald.co.nz)
  4. ^ argued (www.parliament.nz)
  5. ^ other aspects (www.legislation.govt.nz)
  6. ^ definition (www.legislation.govt.nz)
  7. ^ Why the ban on conversion therapy has to include religious groups (theconversation.com)
  8. ^ examples (www.legislation.qld.gov.au)
  9. ^ Why is the Australian Christian Lobby waging a culture war over LGBTQ issues? (theconversation.com)
  10. ^ unequivocally considers (www.nzac.org.nz)
  11. ^ It's time to talk about gay reparations and how they can rectify past persecutions of LGBTQ people (theconversation.com)

Read more https://theconversation.com/why-new-zealands-proposed-law-banning-conversion-practices-is-so-unlikely-to-criminalise-parents-165740

The Times Features

Itinerary to Maximize Your Two-Week Adventure in Vietnam and Cambodia

Two weeks may not seem like much, but it’s just the right time for travelers to explore the best of Vietnam and Cambodia. From the bustling streets of Hanoi to the magnificent te...

How to Protect Your Garden Trees from Wind Damage in Australia

In Australia's expansive landscape, garden trees hold noteworthy significance. They not only enhance the aesthetic appeal of our homes but also play an integral role in the local...

Brisbane Homeowners Warned: Non-Compliant Flexible Hoses Pose High Flood Risk

As a homeowner in Brisbane, when you think of the potential for flood damage to your home, you probably think of weather events. But you should know that there may be a tickin...

Argan Oil-Infused Moroccanoil Shampoo: Nourish and Revitalize Your Hair

Are you ready to transform your hair from dull and lifeless to vibrant and full of life? Look no further than the luxurious embrace of Argan Oil-Infused Moroccanoil Shampoo! In a...

Building A Strong Foundation For Any Structure

Building a home or commercial building can be very exciting. The possibilities are endless and the future is interesting. You can always change aspects of the building to meet the ...

The Role of a Family Dentist: Why Every Household Needs One

source A family dentist isn’t like your regular dentist who may specialise in a particular age group and whom you visit only when something goes wrong. A family dentist takes proa...

Times Magazine

"Eternal Nurture" by Cara Barilla: A Timeless Collection of Wisdom and Healing

Renowned Sydney-born author and educator Cara Barilla has released her latest book, Eternal Nurture, a profound collection of inspirational quotes designed to support mindfulness, emotional healing, and personal growth. With a deep commitment to ...

How AI-Driven SEO Enhancements Can Improve Headless CMS Content Visibility

Whereas SEO (search engine optimization) is critical in the digital landscape for making connections to content, much of it is still done manually keyword research, metatags, final tweaks at publication requiring a human element that takes extensiv...

Crypto Expert John Fenga Reveals How Blockchain is Revolutionising Charity

One of the most persistent challenges in the charity sector is trust. Donors often wonder whether their contributions are being used effectively or if overhead costs consume a significant portion. Traditional fundraising methods can be opaque, with...

Navigating Parenting Arrangements in Australia: A Legal Guide for Parents

Understanding Parenting Arrangements in Australia. Child custody disputes are often one of the most emotionally charged aspects of separation or divorce. Parents naturally want what is best for their children, but the legal process of determining ...

Blocky Adventures: A Minecraft Movie Celebration for Your Wrist

The Minecraft movie is almost here—and it’s time to get excited! With the film set to hit theaters on April 4, 2025, fans have a brand-new reason to celebrate. To honor the upcoming blockbuster, watchfaces.co has released a special Minecraft-inspir...

The Ultimate Guide to Apple Watch Faces & Trending Wallpapers

In today’s digital world, personalization is everything. Your smartwatch isn’t just a timepiece—it’s an extension of your style. Thanks to innovative third-party developers, customizing your Apple Watch has reached new heights with stunning designs...

LayBy Shopping