The Least Bad Bill: 'Conversion Therapy' Ban

ARTICLE UPDATED: 30 Aug 24

“A draft Bill will be brought forward to ban conversion practices.”
King Charles III, 17 July 2024.

As expected, legislation proposing a Conversion Practices (often known as ‘Conversion Therapy’) ban in England & Wales, has now been announced by the new government. This follows the recent public consultation on such a ban in Scotland and a motion passed by the Northern Ireland Assembly calling for such measures.

Many Christian groups, including FIEC, have argued that much of this proposed legislation is unnecessary. The reality is that non-consensual, pressurised, invasive, physically harmful and other such degrading treatments aimed at trying to ‘convert’ people from particular sexual orientations or gender identity struggles, are already illegal.

Furthermore, a number of the measures proposed in such bans seem to go beyond simply outlawing abuse to curtailing the freedom of individuals to explore alternative ideas around sexuality and gender – for example views that don’t concur with LGBT+ ideologies – and even potentially prohibiting the expression of such alternative views (e.g. religious beliefs).

But despite the concerns, governments across the Western world seem committed to introducing them.

So, Christians should prepare to engage with our MPs, MSPs, MSs and MLAs, along with other Christian organisations (e.g.), in order to make the case against them. Should that fail, we will need try and persuade our elected officials to ensure the worst excesses of such bans are mitigated. In such a scenario, it may be that we can draw some help from the other side of the world.

Not all conversion practices bans are the same

Now, because such bans fall under different parliaments and assemblies, the exact nature and effects of them may end up being different, depending on which part of the United Kingdom you live in.

Australia is a case in point where two different states have introduced varying versions of Conversion Practices law: Victoria in 2021 and New South Wales in 2024 (coming into effect in April 2025).

The Victoria Law

The Victoria law (which much of the proposed legislation in Scotland is based upon ) is highly restrictive. It contains no safeguards for protecting religious freedoms (indeed it explicitly includes religious practice & prayer as a prohibited practice – Ibid. Part 1, Division 1, 3(b)), parental guidance, or the autonomy of individuals to seek support and counsel in the exploration of alternate views.

Additionally, it includes the offence of ‘suppression’, a worryingly vague term which could be taken to mean that any dissent from, or even non-affirmation, of certain sexuality or gender claims could be punishable.

Unsurprisingly, the prospect of such legislation being enacted in any part of the United Kingdom is a cause of grave concern. Such measures would be an unprecedented attack on both freedom of religion and freedom of speech.

The New South Wales Law

However, such an unqualified and highly repressive approach has not been adopted by Victoria’s neighbour New South Wales (NSW).

So, while still viewed by many as unnecessary (for all the reasons above), the NSW law has nonetheless been greeted by some as "the least bad Bill".

The crucial differences are the inclusion of explicit safeguards around religious teaching, religious practices, and parental guidance.

Thus, the Bill states:

(3) A conversion practice does not include…
(c) the following expressions if the expression is not part of a practice, treatment or sustained effort, directed to changing or suppressing an individual’s sexual orientation or gender identity—
(i) an expression, including in prayer, of a belief or principle, including a religious belief or principle,
(ii) an expression that a belief or principle ought to be followed or applied.

(4) To avoid doubt, the following are examples of what does not constitute a conversion practice under this section—
(a) stating what relevant religious teachings are or what a religion says about a specific topic,
(b) general requirements in relation to religious orders or membership or leadership of a religious community,
(c) general rules in educational institutions,
(d) parents discussing matters relating to sexual orientation, gender identity, sexual activity or religion with their children.

The NSW Bill thus states that it is not illegal simply to teach Christian beliefs regarding gender, sexuality and sexual activity. Neither would it be an offence to encourage others to follow those teachings or expect compliance with such teaching within a religious community. Likewise, parents are protected with regard to discussions they might have on such matters with their children.

The Bill also includes some protections for medical practitioners and allows for personal autonomy in seeking non-abusive help.

A reassuring and constructive template

Such clarifications could help ensure that any UK Conversion Practices bans do not (even if inadvertently) criminalise respectful, gentle, and mutually desired pastoral engagement on such issues.

The widespread trend across many countries to introduce such bans is doubtless motivated by a number of factors. These might include virtue-signalling, but also a genuine anger about misguided and abusive practices inflicted on individuals (often carried out, let’s be honest, in the name of religion).

Christians should, therefore, approach this discussion with gentleness and indeed be supportive of laws that do prohibit degrading activity. We’ll need to make our case graciously and pray that legislators will see the bigger picture, especially in regard to freedom of religion and speech.

So, should legislation be forthcoming, sharing examples of more considered and moderate legislation can be very effective. Often governments simply borrow ideas and templates from elsewhere (e.g. Scotland and the Victoria State Law), so showing them that such legislation has been passed by other Western legislators, but with safeguards, can be a reassuring and constructive approach.

In the meantime, let’s pray for the Lord to move the ‘heart of kings’ (Proverbs 21:1) – and pray that these unnecessary and potentially repressive bans do not progress.