For people of faith, professionals and other communities

We recommend reading and watching the following resources:

• How to be a good LGBTQIA+ ally
• LGBTIQ terminology in Arabic, Farsi, Karen, Simplified Chinese, Somali, Spanish, Traditional Chinese and Turkish
• Trans 101: starter pack to help support trans people around you.

The religious experiences of LGBTQA+ Australians research project has developed resources that will be useful to practitioners who work with survivors of conversion practices, and for survivors themselves. Resources include:

• Guide for supporters of survivors: For those providing support to LGBTQA+ survivors of conversion practices.
• A brief guide to finding an affirming psychologist: For those seeking a psychologist to work through negative experiences with religion.

 

 

Switchboard’s people of faith page affirms that for many LGBTIQA+ people, connections to faith, family and communities are deeply important for their sense of identity and belonging. There are LGBTIQA+ people in every faith, and there are LGBTIQA+ people with faith in every culture.

THeir peer support services are available to LGBTIQA+ people from all communities, ethnicities, cultural backgrounds and faiths. At Switchboard, we are working toward more visibility and representation of LGBTIQA+ people of faith, including multicultural and multifaith LGBTIQA+ communities.

Someone may be willing to take part in these practices. However, those who have been through this have told us that this willingness is heavily influenced by wanting to be accepted, whole and worthy. This comes from a deep connection with their faith or community.

A power imbalance often exists between a faith leader and a person seeking their advice. This person may feel tension and fear of rejection if they are asked to choose between their faith and their sexual orientation or gender identity.

There is much evidence that this ultimatum – forcing someone to choose – leads to harm.

Under this law, a person cannot consent to these practices. Even if a person is willing to participate, it is still against the law to carry out these practices.

Translated fact sheets in several languages is available to view and download.

An information book for LGBTQA people with intellectual disability is also available.

Find the fact sheets and information book (at the bottom of the page).

 

Practices that may be prohibited under the Act include:

a religious leader meeting one-on-one and telling a member of their congregation that they are broken and pressuring them to suppress and ignore their feelings of same-sex attraction by practising celibacy

a religious leader telling a member of their congregation – with the intent to induce that person to change or suppress their sexuality – that they will be excommunicated if they continue their same-sex relationship and prohibited from returning as long as that relationship continues

using a youth group session to provide ‘support’ through group prayer to a young person to help them fight a desire to act on their feelings of same-sex attraction

running a peer-to-peer support group designed to coach a person who is exploring or questioning their gender identity to accept the sex they were assigned at birth

a psychiatrist stating to their adult patient that their gender identity is a mental illness and proposing a treatment plan to maintain the sex they were assigned at birth while withholding information about other services that will affirm the patient’s gender identity

a teacher telling a student that Allah/God does not accept them unless they keep the sex they were assigned at birth and dress accordingly, and offering to meet with the child weekly to counsel them on how to be acceptable to Allah/God

a parent sending their child away from Victoria to a conversion ‘therapy’ camp that makes a false claim that they can ‘cure’ the child of being gay

a parent or family member sending their child to an interstate psychotherapist, knowing this health professional will give their child information and advice that will seek to change their child’s gender identity

an adult child repeatedly denigrating their elderly parent’s decision to transition, including by telling them it is wrong to be dressing as a different gender to the one they have been, and that they must stop their transition, or the adult child will no longer allow them access to their grandchildren or be allowed visits with the family

a person repeatedly leaving pamphlets in the mailbox of their neighbour who they know to be trans that state that it is wrong to transition their gender and that everyone’s gender expression should match the sex they were assigned at birth. The pamphlet includes contact details of programs and professionals who claim to be able to change a person’s gender identity to the sex they were assigned at birth.

 

Reading stories of real experiences of change or suppression practices will help you better understand the harm and impact of these practices.

A parent places their child into forced isolation, locking them in their room, with the intention of eliminating any feelings of same-sex attraction that their child experiences.

This continues for weeks until the parent believes the child no longer experiences these attractions.

As a result of this treatment, the child suffers severe psychological trauma. The parent could be charged with engaging in a change or suppression practice that causes serious injury (among other potential offences).

A person confides in her school counsellor that she is attracted to both men and women and is ashamed of her feelings.

The counsellor tells the person that she is broken but can be fixed and that she is to remain celibate and attend group meetings multiple times per week to eliminate her feelings. At the group meetings, the person is repeatedly told that being bisexual is wrong and she is broken.

As a result of this ongoing treatment, the person feels humiliated and isolated, leading to depression and anxiety. The counsellor could be charged with engaging in a change or suppression practice that causes injury.

 

Likely to cause harm and be a change or suppression practice

Ways to continue practicing your faith without causing harm

Prayer (with that person or with their knowledge) that indicates they are broken and need to be healed is likely to be a change or suppression practice because it is conducted for the purpose of changing or suppressing the person’s sexual orientation, or convincing them to do so. Denying someone their total self – their sexuality – causes serious and ongoing harm. There is evidence that this can lead to long-term mental health issues and in serious cases, suicide.

Support to these members can include reassuring them that: their God loves them everyone has a different path the person belongs in the faith: they are respected and included as they are. Support in the form of prayer that does not cause harm include: praying for inner peace praying for guidance for that person prayer to affirm that the person is made in their God’s image, perfect as they are. Your support can acknowledge and support that person’s choice in how they live their life and the struggle they are in. Your support can include referral to affirming peer support (i.e., affirming LBGT members of your faith, or see further below for services).

 

 

Likely to cause harm and be a change or suppression practice

Ways to continue practicing your faith without causing harm

Your response to this person should consider any harm caused by your advice or potential for harm. Conversations risk causing deep harm and being a change and suppression practice when they are conducted for the purpose of changing or suppressing a person’s sexual orientation or gender identity, for example by telling people: how they should feel about themselves who they should have sexual relations with that their gender identity is not real or acceptable. You should consider the power you hold within your position and the impact of this in your discussion. The individual may feel tension and fear rejection if they are asked to choose between their faith and their sexual orientation or gender identity. There is evidence that this ultimatum leads to harm.

Your support for this person can look like the ways above to continue practising your faith without causing harm. If you are not comfortable affirming someone’s sexuality or gender identity, refer them to a person – or service (see further below for resources) – who can do this and have conversations with them safely.

 

These include praying:

• with or for an LGBT person that they might change their sexual orientation or gender identity
• with or for an LGBT person to be celibate.

Likely to cause harm and be a change or suppression practice	Ways to continue practicing your faith without causing harm
Prayers that are directed at a person to change or suppress their sexual orientation or gender identity cause harm and are prohibited. These could include prayers that: ask for healing ask for a person to change ask for a person to not act on their attractions talk about a person’s brokenness or need to repent ask for long-term celibacy.	There is a broad range of prayers that would be acceptable and supportive. These include prayers: for guidance that are supporting and reassuring that the person is created in their God’s image and perfect the way they are that acknowledge their God loves the individual.

 

Likely to cause harm and be a change or suppression practice

Ways to continue practicing your faith without causing harm

Someone may be willing to change or suppress their sexual orientation or gender identity. However, this willingness is heavily influenced by a desire to be accepted, whole and worthy, which comes from a deep identification with that person’s faith. There is no scientific evidence that sexual orientation or gender identity can be changed or suppressed. Any activity to encourage this person to change or suppress their sexual orientation or gender identity will cause harm and is likely to be a change or suppression practice.

You can continue to practice your faith through your private prayers with your God. Your support to that person can acknowledge and support their choice in how they live their life and the struggle they are in. If your knowledge is limited in this space and you are not comfortable having this conversation with that person, refer them to a person – or service (see below for resources) – who can have the conversation with them safely.

Brave Network is a support and advocacy group for LGBTIQA+ people from Christian backgrounds.
Contact: Via Facebook message or online

Equal Voices is a national advocacy group for LGBTQIA+ Christians.

GLBTIQ multicultural directory lists Victorian groups such as Queer Muslims, Aleph, Jewish and Gay, Jewish Lesbian Group of Victoria, Helem Melbourne and more.

Queer Middle-Eastern and African Christians in Australia is an advocacy and support organisation.

Acceptance Melbourne is an open and affirming Melbourne community that supports Catholics who identify as Lesbian, Gay, Bisexual, Transgender, Intersex and Queer.

Uniting Network Australia is the national network for LGBTIQ+ people, their families, friends and supporters within the Uniting Church.

Rainbow Door is a free specialist LGBTIQA+ helpline providing information, support, and referral to all LGBTIQA+ Victorians, their family, and friends.
Contact: 1800 729 367 or 0480 017 246 (SMS) or support@rainbowdoor.org.au

Transcend Australia works with parents, carers and their children to support, affirm and celebrate trans, gender diverse and non-binary children.
Contact: https://transcend.org.au/contact/

AGMC (Australian GLBTIQ Multicultural Council) is a national body that advocates for the rights of multicultural and multifaith LGBTIQ individuals and communities and provides referrals to existing services, community groups and agencies.
Contact: contact@agmc.org.au

Queerspace is an LGBTIQ+ health and wellbeing support service.
Contact: 03 9663 6733 or enquiries@ds.org.au

QLife provides LGBTI peer support and referral for people wanting to talk about sexuality, identity, gender, bodies, feelings or relationships
Contact: 1800 184 527  (3pm–midnight)

Everyday religious activities will only be considered illegal when they meet the Act’s definition of a change or suppression practice.

To fall under the Act’s definition of a change or suppression practice, the conduct must include three elements. It must be:

• directed at an individual
• because of their sexual orientation or gender identity
• undertaken with the intention to change or induce that person to change or suppress their sexual orientation or gender identity.

Similarly, the criminal offences are narrowly designed to target change or suppression practices that result in injury or serious injury to victims.

This law is not about stopping people from practicing or enjoying their faith, it is about preventing harm – and these practices are harmful.

However, the definition of change or suppression practices could capture some religious activities, such as pastoral conversations, in certain circumstances.

For example, it would likely be a change or suppression practice if:

• a person goes to a religious leader seeking advice on their feelings of same-sex attraction, and the religious leader tells them they are broken and should live a celibate life for the purpose of changing or suppressing their same-sex attraction.

This conduct would only attract criminal penalties where injury resulting from the practice is able to be proven, and where there is proof of criminal negligence.

If an individual has approached you about their sexual orientation or gender identity, or if others know that someone in their group is questioning themselves, then using a group conversation to address it may still count as targeting them.

In contrast, if this person went to a religious leader for the same reason, and the religious leader informed this person that the Bible/Quran (or other religious texts) considers such feelings to be sinful but does so only to convey the text’s teachings and not to change or suppress the person’s sexual orientation or gender identity, then this conversation would likely not be a change or suppression practice.

The Act does not interfere with your right to have or adopt a religion or belief. However, it places some limitations on the right to demonstrate your religion or belief in order to protect others.

The right to freedom of thought, conscience, religion, and belief, which is protected by the Charter of Human Rights and Responsibilities Act 2006, may be limited in certain circumstances, provided the limitations are reasonable, necessary, justified and proportionate.

When introducing the Act, Parliament considered the impact that the Act may have on human rights and concluded that it was necessary to limit the right to freedom of religion (where religious practices involve change or suppression practices) to reduce the harm these practices cause. Full details of this can be read in Parliament’s statement of compatibility.

Your right to belief and practice remains, as long as it is not:

1. a practice or conduct directed towards a person with or without consent
2. on the basis of their sexual orientation or gender identity
3. for the purpose of:
   a) changing or suppressing their sexual orientation or gender identity; or
   b) inducing the person to change or suppress their sexual orientation or gender identity.

The Equal Opportunity Act 2010 protects your right to not be discriminated against based on having a belief in a religion and practising your religion. The Equal Opportunity Act 2010 deals with public behaviour, not personal beliefs.

A practice or conduct, including any offer of support, that is directed at the person for the purpose of changing or suppressing their gender identity or sexual orientation will be against the law.

Change or suppression practices are not supported by medical research and there is no evidence that sexual orientation or gender identity can be changed or suppressed. Not only do these practices not work, but they are also deeply harmful.

Allowing an adult to consent to change or suppression practices undermines the intention of the ban and fails to acknowledge the insidious nature of these practices. This is because of the undue influence and power imbalance that are often inherent in change or suppression practices.

This approach reflects the concerns raised by survivor groups, that viewing change or suppression practices through the lens of ‘willing participation’ is extremely problematic.

Survivor groups indicate that LGBTIQ+ people of faith may have participated willingly in conversion programs, as many of these programs have claimed they only exist to help those who express an independent desire to change.

Survivors report that they were coerced by parents, pastors, or because of the ideologies implicit within their religious community. They are also often internally driven by the fear of rejection and the desire to be ‘whole’.

The Act empowers the Commission to consider and respond to reports of change or suppression practices done by any person, including counsellors, chaplains and religious leaders.

A counsellor, chaplain, or religious leader may only be criminally prosecuted if their conduct meets the definition of a change or suppression practice and the conduct:

• causes injury or serious injury;
• involves taking their child outside Victoria for a change or suppression practice that causes injury; or
• involves advertising a change or suppression practice.

Elements of the offence would need to be established beyond a reasonable doubt, including:

• that the conduct was engaged in intentionally
• the severity of the injury
• the fact that the injury was caused by the change or suppression practice
• the person’s negligence (carelessness) as to whether engaging in the change or suppression practice would cause injury.

This means the evidence needs to show there is no other reasonable explanation.

The criminal offences are overseen by Victoria Police, though the Commission may also bring proceedings for the offence of advertising a change or suppression practice.

The criminal offences will rely on the definitions of the offences in the Act and the definitions of injury and serious injury in the Crimes Act 1958.

Reports of change or suppression practices by counsellors, chaplains or religious leaders can be made to the Commission. Reports of non-criminal practices may lead to facilitation between the people involved, targeted education or further investigation.

Vicarious liability is when an organisation can be held legally responsible for the actions of others who engage in prohibited conduct during employment, including as a volunteer or while acting as an agent. Your organisation or group could be held liable if you cannot show that you have taken reasonable precautions to prevent someone engaging in a change or suppression practice.

Reasonable precautions could include:

• increasing staff, volunteer and community awareness and understanding of the Act and practices
• incorporating the Act in policies and procedures, codes of conduct and induction processes (staff and volunteers)
• creating specific roles (first points of contact to discuss and understand change or suppression practices, roles to train staff and volunteers, roles to manage reports change or suppression practices)
• reviewing and incorporating information about how the law regards change or suppression practices into procedures and policies related to the duty of care for others.

These reasonable precautions are similar to the positive duty obligation that exists for the Equal Opportunity Act 2010 to take reasonable and proportionate measures to eliminate unlawful conduct as far as possible.

The positive duty is about being proactive, identifying problems and taking reasonable and proportionate measures to eliminate the causes of that conduct, as far as possible, that may be part of the systems or culture of the particular environment.

This creates an environment where unfair treatment and problem behaviour is unlikely to happen in the first place. Read more examples of positive duty under the Equal Opportunity Act and the six minimum standards organisations must meet.

As the Act commenced in February 2022, there is no history or legal precedent to allow us to provide answers for specific scenarios.

Our role is to educate about the Act and respond to reports of practices – but we are not able to provide legal advice to individuals and organisations. Our education services will enable you to better understand the Act and its definitions.

If you have a specific scenario you need answered, we ask you to look at the definition of change or suppression practices, and if you need specificity, you may want to consider getting independent legal advice.

The legal definition of what is prohibited as a change or suppression practice is:

1. a practice or conduct directed towards a person with or without consent
2. on the basis of their sexual orientation or gender identity for the purpose of:
   a) changing or suppressing their sexual orientation or gender identity; or
   b) inducing the person to change or suppress their sexual orientation or gender identity.