NSW conversion therapy ban plan expanded to include gender identity

The NSW government wants to make illegal any activities that attempt to change or suppress a person’s sexual orientation or gender identity as it pushes ahead with its election promise to ban gay conversion therapy.

A leaked discussion paper, first reported by The Sydney Morning Herald newspaper on Friday, said that if the activity was likely to cause harm, the government proposes to make it a criminal offence.

The discussion paper also proposes to criminalise taking someone out of NSW to participate in conversion practices elsewhere.

Independent Sydney MP Alex Greenwich was set to introduce his own private members’ bill to parliament this month that went to the same issues.

Greenwich’s LGBTIQA+ Equality Bill was the result of 18 months of work to modernise laws and advance equality.

Greenwich welcomed the commitment by the government to legislate on prohibiting LGBTI+ conversion practices and said he would support its passage.

“I’m committed to working with the NSW Government to achieve as much LGBTIQA+ law reform as possible this term, whether this is through my legislation or government legislation,” Greenwich said.

The government has already begun consultations with key stakeholders including Equality Australia, ACON and even the Catholic Church, the Herald reported.

Attorney-General Michael Daley told the newspaper any prohibition needed to be carefully considered and strike a balance between prohibiting harmful practices and ensuring freedom of religious belief.

A La Trobe University study from 2021 found at least one in ten LGBTI+ Australians were vulnerable to conversion practices. These practices typically convey the message that LGBTI+ individuals are “broken” or “unacceptable” to God.

The report found these individuals were severely harmed by these practices and often needed long-term support to recover from the trauma experienced.

The current NSW plans allow for an expression of beliefs and delivery of religious practices and would only make it illegal if that expression has a direct or primary purpose of changing or suppressing an individual’s sexual orientation or identity.

Religious leaders have previously described conversion therapy bans as unprecedented attacks on people of faith. They have yet to comment on the leaked discussion paper.

This article was written by Eliot Hastie (@eliothastie) and edited by Ben Grubb (@bengrubb).