The Conversion of Laws
Here’s some insight into what you probably didn’t read in full! Ya might just learn something…
When it comes to matters involving the LGBTQ+ community, it feels like Parliament can take an eternity to pass any bill associated with it. 15 February, 2022, saw the third reading and much anticipated “banning” of conversion therapy within Aotearoa, something which many of us hoped would happen for some time now. The third reading saw an almost unanimous vote to ban, with only eight National MPs being against. Those against were Simon Bridges, Simeon Brown, Melissa Lee, Todd McClay, Simon O’Connor, Chris Penk, Dr Shane Reti, and Michael Woodhouse. As a person who is a part of the LGBTQ+ community, it’s a relief to finally see conversion therapy being officially banned.
What is this all about?
Conversion therapy is the umbrella term for any practice which has a common belief that a person’s sexual orientation or gender identity can and should be changed. Any practice which falls under this umbrella term is incredibly outdated, designed to suppress a person’s rights and feelings about themselves for the sake of another or a group’s ideology. 15 February saw these practices get voted out at the third reading of the Conversion Practices Prohibition Legislation Bill. As of 19 February, the Bill is law with the exception of “subpart two of Part Two and Part Three”.
Which parts are exempt for the time being?
Subpart 2 – Civil Liability Relating to Conversion Practices, and Part 3 – Amendment to Human Rights Act 1993, 63A: Conversion practices.
These sections will not come into effect for another six months.
Subpart 2 states, “A person may make a complaint under the Human Rights Act 1993 alleging that there has been a breach of section 63A of that Act.”
Okay, so why does this subpart not come into effect for another six months? Reading on, we can see exactly why it doesn’t.
Section 63A: Conversion Practices, reads, “It is unlawful for any person to –
Perform a conversion practice on any other person; or
Arrange for a conversion practice to be performed by any other person.”
I may not be a politician, but to me it looks like this whole bill we’ve voted for, the whole promise of conversion therapy finally becoming a thing of the past, will still be allowed within our country for another six months. Overall, the outright ban of practices is not official yet. While that’s the case, the changes in place now could potentially be the most important.
So, what is in effect now then?
As of 19 February, “A person commits an offence if a person performs a conversion practice on an individual and knows that, or is reckless as to whether, the individual –
Is under the age of 18 years; or
Lacks, wholly or partly, the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to their health or welfare.”
So yes, practices being performed on people regarding the parameters outlined above are considered an offence, with conversion practices overall still being legal. Reading more of Part 2 makes the whole thing a bit easier to understand. The remainder of this section goes on to state what counts as a person committing an offence under the Bill, and the types of punishment they will face if found guilty of said offence. But it also shows how the victims of these offences will be affected.
Section 10 reassures that “It is not a defence to a charge under section 8 or 9 that—
(a) the individual on whom the conversion practice was performed, or a person on behalf of that individual, consented to the performance of that practice; or
(b) the person charged believed that such consent was given.”
Section 11 states clearly that, “A person on whom a conversion practice is performed may not be charged as a party to an offence committed on them under section 8 or 9.”
At this current time, the Bill stands to help protect those who could potentially be most vulnerable in the LGBTQ+ community. It is outlined very clearly that the individual who these practices are performed on, consenting or not, is not party to offence.
My initial reaction to the Bill was confusion, misunderstanding the current state of it and being baffled by a six-month wait on a full ban. Reading through it many times, coming to understand how it will help to protect the vulnerable members of our community, gives me so much hope. It shows how times have passed, that the care for these matters genuinely is there. The Bill is such a massive (lol) win for us. I could not find any official reason as to why the whole thing isn’t law now, but I speculate it’s due to not wanting to step on the toes of anyone who could be angered at an immediate banning. Regardless of that six-month delay, conversion practices are heading out the fucking door. I’d like to close with a statement from a dear friend of mine, one which I feel will resonate with the vast majority reading this article:
“We love progress for the queer community, but fuck conversion therapy and fuck Simon Bridges for trying to stop the Bill from passing xx”
And if you disagree with this, you can eat my shorts.
If you wish to read the latest bill for yourself, go to https://www.legislation.govt.nz/bill/government/2021/0056/latest/whole.html#LMS487197
Or go to legislation.govt.nz and find “Conversion Practices Prohibition Legislation Bill, 2021, No56-2”