The Conversion Practices Ban Act 2024, enacted in New South Wales on April 4, criminalizes so-called “conversion therapies” aimed at altering an individual’s sexual orientation or gender identity.
Violators face penalties of up to 5 years in prison and AUD 100,000 in fines, even if the practice is requested by the individual.
Targeted Expressions and Prayer
The law explicitly prohibits verbal expressions, including prayer, if intended to suppress or change a person’s LGBTQIA+ identity. According to government guidelines, “praying with or for someone to change their sexuality or gender identity is illegal, even if requested.” Statements encouraging celibacy or discouraging same-sex relationships could also be deemed criminal, depending on context.
Vague Exemptions and Religious Freedom
While the law exempts “general religious teachings” and “rules of religious orders,” critics argue these exceptions are too ambiguous, leaving judges to interpret them inconsistently. Sydney Archbishop Anthony Fisher warned the law risks criminalizing core religious practices, such as teaching traditional doctrines on sexuality or offering faith-based counseling to those seeking it.
Parental Rights Under Scrutiny
Parents are permitted to discuss sexual orientation or gender identity only within “family conversations,” but the law’s broad definition of “discussion” creates uncertainty. A parent’s statement like “I disapprove of your homosexuality” could potentially breach the law, depending on how authorities interpret intent.
Comparisons to Apostasy Laws
Some commentators, including actress Evelyn Rae, have drawn parallels between the ban and apostasy laws in certain Muslim-majority countries, arguing it denies LGBTQIA+ individuals the right to seek help aligning their lives with religious beliefs. The law raises questions about state overreach in regulating personal and spiritual choices.
Long-Term Implications
Beyond penalties, the law could stifle public debate on ethics and religion, setting a precedent for other jurisdictions. Its lack of clarity risks creating a chilling effect, particularly for religious communities, educators, and families navigating complex moral and cultural landscapes.
Church’s Stance
Archbishop Fisher emphasized the law undermines voluntary faith-based support, effectively outlawing practices rooted in millennia of religious tradition. The case highlights growing tensions in Western societies between LGBTQIA+ rights and fundamental freedoms, including parental authority and religious expression.
A Global Flashpoint
New South Wales’ law reflects a broader trend of governments legislating on identity and belief systems, raising urgent questions about the balance between protecting marginalized groups and preserving civil liberties. The outcome could influence similar debates worldwide.