The Australian state of New South Wales (NSW) has banned LGBT conversion therapy following a marathon overnight session of Parliament.
The law makes it an offence to carry out a conversion with the “intention of changing or suppressing the individual’s sexual orientation or gender identity.”
This offence will apply if there is the likelihood of mental or physical harm that endangers an individual’s life or is substantial.
The law also makes it an offence for residents of New South Wales to take or arrange for an individual to leave the state for conversion practice.
The maximum penalty for taking someone out of the state or engaging with someone outside the state under the law is 3 years in prison. It will be an offence for any person, other than an individual under 18 years, to engage in these conversion practices.
Labor Attorney-General Michael Daley, upon introducing the bill into the parliament, described it as a “historic day.”
“Conversion practices, which can include so-called ‘conversion therapy’ and suppression practices, are founded on the idea that LGBTQ+ people are broken or wrong and in need of fixing. There is nothing wrong with LGBTQ+ people. They do not need to be fixed.”
In the Legislative Council, Climate Change Minister Penny Sharpe said New South Wales should be a state where LGBTs feel safe.
Opposition Supports Legislation
Leader of the Opposition in the Legislative Council David Tudehope raised concerns about the legislation being debated late at night. However, the Liberal Party supported the legislation in the end.“This is a very significant piece of legislation, and we are starting to debate it at 10 past 11 o'clock at night. People who wanted to speak on the legislation, or who may have wanted to move amendments to it, may well have gone home,” Mr. Tudehope said.
“They might be too tired to do so or they might not do so because of the late hour. That, in my respectful submission to the Leader of the Government, is an abuse of democracy.”
Mr. Tudehope said concerns had been raised about the bill by religious groups, health practitioners, feminist groups, and parents.
“We will move a number of amendments during the Committee stage to address at least some of the concerns that have been raised with us. We urge all members to consider each of those amendments on their merits and not follow blindly the dictates of their parties.”
The Greens, One Nation, Shooters, Fishers and Farmers Party, Opposition and Libertarian Party all moved amendments, but these were voted down.
The legislation passed both passes of Parliament and will come into force 12 months after royal assent.
Attempt to Remove Gender Identity from the Legislation
Libertarian Party member John Ruddick moved to remove references to “gender identity” in the legislation.“This amendment omits the word gender identity entirely from the bill,” Mr. Ruddick said.
Mr. Ruddick said, “trans conversion therapy is too often the new gay conversion therapy.”
“Research conducted on thousands of gender confused kids in the 1980’s by Canadian psychologist Dr. Kennth Zucker revealed that if left alone, under the watchful waiting approach, 89 percent of gender confused kids turned out to be ... gay adults,” Mr. Ruddick said.
“And that going through puberty is in many cases, the solution to gender confusion. If this amendment is not accepted, we will be for many, transing away the gay.”
