The debate surrounding the conversion therapy ban is heating up, but mis-interpretations from some churches are causing fear within families.
Photo: Creative Commons/Ludovic Bertron
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Concerns have been raised about how far the proposed legislation goes, and whether parents could be criminalised for having conversations with their children about their sexuality or gender identity.
The Bill aims to protect people from conversion practices intended to change or suppress a person's sexual orientation, gender identity or gender expression.
Submissions for the bill close in two days time, but despite government clarification - some church groups won't accept the bill unless amendments are made.
Lead Advisor at the Human Rights Commission André Afamasaga. Photo: RNZ Pacific
Former pastor and now Lead Advisor at the Human Rights Commission, Andre Afamasaga spent 15 years following conversion therapy practices.
He attended courses, conferences and read books hoping to turn straight, afraid it would bring cultural and religious shame upon his family.
He said this belief - deeply rooted in guilt and shame, almost ended his life.
"I found out that conversion practices do not work at all and I had been wasting my time - I was deceived this entire time. Then that began a journey of me coming out of the closet and accepting who I was. Today I can proudly call myself a gay Samoan man who is Christian or has Christian beliefs."
He said his 40th birthday became a turning point, when he came to terms with his reality.
"I found out that conversion practices do not work at all and I had been wasting my time - I was deceived this entire time. Then that began a journey of me coming out of the closet and accepting who I was. Today I can proudly call myself a gay Samoan man who is Christian or has Christian beliefs."
Cultural and religious pressure is a lot for queer pacific people to deal with, he said.
"My heart goes out to young people who have to leave their homes to assert their identity and then find themselves on the streets without family support. My challenge to pacific communities is please get around the rainbow people in your churches. We have done it for fa'afafine in our communities. Let's expand that to all people who have a rainbow identity."
Last week, one of New Zealand's largest church's - Arise Church in a media statement said it was "100 per cent against therapy or practices" but said the bill went too far, claiming it was a "horrific attack on the freedom of religion - and the rights of parents"
The release was sent after a mass email to its congregation asking them to make a submission, which was also supported by 17 other pentecostal churches.
But, Conversion Therapy Action Group, Co-Founder Shaneel Lal said counseling, parental and pastoral support was not a crime under this bill.
"The Bill is clear that, that is not the case. Advising your children to not take puberty blockers, will not be criminalised or having a conversation does not meet the definition of a practice and it certainly does not meet the threshold for criminalisation. The bill criminalises acts rather than omissions, Failing to do something is an omission."
The bill ensures freedom of religion is upheld, he said.
"Religious groups have been given a significant leeway and it is utterly false to argue that this bill will abrogate prayer or freedom of speech in any way. They have sent out not only misleading information they have intentionally omitted information that allows people to continue precasting their religion. I have had conversations with people from Arise. The people that have put these messages out are leaders, people look up to them, people look up to them and that is why it is so dangerous."
Arise declined interview requests, and later removed the original press release, replacing it with a new version.
Justice Minister Kris Faafoi also declined multiple invitations to be interviewed but did provide a statement:
"The Bill does not change the current law around decisions concerning the healthcare of children and will not undermine the supportive role of parents, guardians and whānau. Its purpose is to deter harmful behaviour.
It will not inhibit prayer intended to support people but could make practices such as exorcisms to cast out homosexuality illegal, but a pastor giving a sermon denouncing homosexuality and gender diversity would not.
A family that is struggling to accept, or is openly opposed to their child's sexuality or gender identity would not be considered to be performing a conversion practice unless they take some further action to intentionally persuade or force the child to change."
Reverend Mua Strickson-Pua said he was disappointed some church's had misinterpreted the bill.
"There has been misinformation, fear-mongering, and also in terms of perpetuating ignorance, not allowing real debate and discussion in our families and communities. Using fear to generate discussion is not the way, what is needed is the aroha, alofa and agape of God."
He said conversion practices were un-loving and inhumane.
New Zealand Christian Network, National Director, Reverend Dr Stuart Lange agreed, but said, although the Justice Minister's reassurances were heading in the right direction - he needed to see it in writing - within the bill.
Photo: Supplied / Mua Strickson-Pua
He asked that an additional clause in Section 5 (2) and a clause be added:
"(g) respectful and open discussions regarding sexuality and gender, and advice, guidance, prayer, or support given to anyone by anyone else including parents, family members, friends, counsellors, religious leaders, or health professionals, when such advice or support is requested, and is respectful and non-coercive."
He said this would give effect to the Bill's second stated purpose "respectful and open discussions regarding sexuality and gender," and would address the majority of concerns expressed by many churches.
"It's what the courts decide the bill actually means, is what matters," he said.
Reverend Mua Strickson-Pua said although diversity of opinions exist within the church, most congregations agreed harmful conversion practices should be banned.
"I see an opportunity for the church to step up and also try be a bridge and try to say to our conservative family members can we please sit around the table to try and engage with our children that are all these things that scare the old church - gay, lesbian, bi-sexual, non-binary. But they are our children, they are our family. We love them and we try move forward together."
Public submissions for the bill close on September 8th.
Green Party members and supporters rally in support of a ban on gay conversion therapy. Photo: Meriana Johnsen
Below is the full response from Justice Minister Kris Faafoi on the proposed bill:
"The objective of this legislation is to support open, safe, respectful conversations and to protect against the harm caused through people being coerced or pressured to suppress, deny, or change how they choose to express their sexual or gender diversity.
The legislation sets up a civil law process where the vast majority of concerns are likely to dealt with through the Human Rights Commission or Human Rights Tribunal, with a criminal process where cases are considered to meet a high threshold of harm and meet the judicial checks and balances put in place to ensure only extreme cases would be dealt with under criminal proceedings."
What would be considered illegal according to the bill?
"The Bill prohibits the use of conversion practices, which it defines as practices directed towards a person because of their sexual orientation, gender identity, or gender expression, and performed with the intention of changing or suppressing their sexual orientation, gender identity, or gender expression.
Conversion practices today commonly include practices claiming to be counselling or talk-therapy and faith-based practices, which can sometimes involve prayer, fasting, or exorcism, that are performed with the intention of changing or suppressing a person's sexual orientation, gender identity or gender expression.
Research emphasises that such practices can cause serious harm including severe depression and anxiety and suicidal thoughts and attempts.
Depending on the particular circumstances of the case, the Bill could, for example, make practices such as exorcisms intended to cast out homosexuality illegal.
By contrast, a pastor giving a sermon denouncing homosexuality and gender diversity would not meet the definition, as it is not directed towards a person."
Does the bill limit parents from making medical decisions for their child. E.g puberty blockers?
"The Bill does not change the current law around decisions concerning the healthcare of children. The prescription of puberty blockers is a healthcare matter decided between health professionals, patients, and their families.
The language of the Bill is focused on deliberate actions and courses of conduct that are directed at and performed on people. Omissions or failures to act would not be captured.
Without taking some further action, a parent refusing to give consent to the administration of puberty blockers during a health assessment would not meet the requirements of the criminal offenses in the Bill, nor would a failure to help a child access a health practitioner for that assessment to take place."
Does the bill limit freedoms of parents to counsel their children?
"The bill will not interfere with open and caring conversations within families or undermine the supportive role of parents, guardians and whānau. Its purpose is to deter harmful behaviour.
A family that reacts negatively, is struggling to accept, or is openly opposed to their child's sexuality or gender identity would not be considered to be performing a conversion practice unless they take some further action to intentionally persuade or force the child to change their sexuality, gender identity, or gender expression.
The Bill will enhance the rights of children and ensure that they are able to freely express themselves, safe from harm and discrimination."
Would the church lose freedoms to preach, counsel or pray for people?
"No. The Bill will not prohibit prayer intended to support people or to help them explore their identity, and it explicitly excludes general expressions of religious belief or principles.
The prohibition will capture some prayer-based activities that are directed at a person and specifically seek to change or suppress their sexual orientation, gender identity, or gender expression, because evidence demonstrates that these practices do not work and can cause serious harm.
Fundamentally, the prohibition on conversion practices is intended to prevent harm, no matter the setting."