Challenges to Religious Freedom: Conversion Practices law passed, ALRC report released

From Neil Foster at Law and Religion Australia:

“A brief update on two significant challenges to religious freedom which have emerged over the last few days.

First, in NSW, the Conversion Practices Ban Bill 2024 has been rushed through both Houses of Parliament, receiving final approval on Friday March 22 after an all-night debate in the Legislative Council, and is now awaiting the Royal Assent.

The second concerning development is that on Wednesday 21 March the Australian Law Reform Commission released its report Maximising the Realisation of Human Rights: Religious Educational Institutions and Anti-Discrimination Laws (ALRC Report 142). Far from “maximising” human rights, the report (as expected by those who spoke to some of its researchers) would have the effect, if adopted, of seriously impairing the operation of faith-based schools around Australia.”

Read here.

Related:

Response to the Australia Law Reform Commission report on Religious Educational Institutions – Media Release from the Diocese of Sydney, 21 March 2023 –

“The ALRC deserves a fail for the report and recommendations produced.

We are deeply disappointed that the recommendations fail to understand the ethos of faith-based schooling and would, if implemented, significantly impair schools’ ability to carry out their charter. …”

Federal ALRC Report Released – Freedom for Faith, 22 March 2024,

“On Thursday 21 March, the Attorney General, Mark Dreyfus tabled the final Australian Law Reform Commission (ALRC) Report following their Inquiry into Religious Educational Institutions and Anti-Discrimination Laws (see below).

On Tuesday 19 March, Prime Minister Anthony Albanese was reported saying that he would not act on the ALRC report or a Religious Discrimination Bill without bipartisan support.

A draft of the Religious Discrimination Bill has been shown to the Opposition and key faith leaders, but is not public. …”

NSW Parliament passes Conversion Practices Ban Act unamended

From Freedom for Faith:

“On March 22, 2024, the NSW Parliament passed the Conversion Practices Ban Act, a week after revealing the legislation. Despite a strong push from faith leaders and communities for improvements and clarifications, the legislation passed unamended.

We thank the Liberal Party, Shooters and Fishers, One Nation and Liberal Democrats who all moved amendments to improve the bill.

The legislation was the result of an extended campaign beginning before the 2023 election, and negotiations with the Government. While we do have strong concerns about the Act, it is also significantly better than the legislation in Victoria, and the proposals that were around in 2023. …”

Read the details here.

More issues with the Queensland Anti-Discrimination Bill 2024

Associate Professor Neil Foster writes at Law and Religion Australia:

“I am happy to present a guest post today from Associate Professor Mark Fowler, raising more issues of concern from a religious freedom perspective with the recently released proposed Anti-Discrimination Bill 2024.

Dr Mark Fowler is Principal, Fowler Charity Law, Adjunct Associate Professor, University of Notre Dame, School of Law, Sydney and an External Fellow at the Centre for Public, International and Comparative Law, University of Queensland. …”

Read it here.

No agreement on ‘least-worst’ laws

“More than a half a decade before the NSW government brought on its ‘Conversion Practices’ bill being debated this week, the Sydney Anglican Church expressed its opposition to harmful ‘conversion therapies’. It had become apparent from the testimony of survivors that some groups, including Christian faith groups, have employed harmful practices in an attempt to change or suppress feelings of attraction to the same sex, or gender dysphoria.

Our decision to speak out came in 2018, before the move to legislate against such practices across Australia. Since then, such legislation has moved beyond these now rare and bizarre practices and in some jurisdictions encroaches unnecessarily and ominously into areas of orthodox religious belief and ordinary faith practices including teaching and preaching, prayer, conversation and mutual encouragement.

There have been comments that churches and faith groups have been consulted and are happy with the bill now on the table. This is not the case. …”

While grateful for the government’s engagement with faith communities on legislation, the Archbishop concludes that,

“What we have ended up with is a ‘least worst’ version of such legislation compared to some other Australian jurisdictions but cannot be regarded by biblical Christian churches as representing good law.”

The Daily Telegraph has today published this op-ed by Archbishop Kanishka Raffel – and SydneyAnglicans.net has a copy.

Good to read and share – and do pray for the Members of Parliament as the proposed legislation is scheduled to be debated today.

Bible Society Australia to close Eternity News

“It is with a heavy heart that I announce the difficult decision made by Bible Society Australia Group to end Eternity News in its current form, marking the closing chapter of a significant era.

This means that effective 30 April 2024, the Eternity News print magazine, website, weekly newsletter and social media platforms, along with the Eternity Jobs website, will cease. …”

Announcement from BSA Group CEO, Grant Thomson.

NSW Conversion Practices Bill — risks to religious freedom

“The NSW government has introduced a Conversion Practices Ban Bill 2024 into the Parliament, with the apparent aim of moving it through very quickly. Legislation of this sort has been introduced in other jurisdictions around Australia and elsewhere.

The aim of banning oppressive and violent practices designed to ‘convert’ someone’s sexual orientation from homosexual to heterosexual is good, of course. But those practices, while they may have existed some time ago, are really no longer around. The problem with these laws now is that their drafting can be so broad that they interfere with the ordinary teaching of religious doctrines and life within families.

These laws are also often premised on the assumption that ‘gender transition’ is a good thing which should be freely available to children, whether or not with parental permission. They raise important issues of concern to all those interested in the welfare of children, whether or not from a religious perspective.

But laws of this sort can in particular have significant implications for religious freedom.…”

– At Law and Religion Australia, Associate Professor Neil Foster highlights important ways the proposed legislation can be greatly improved.

Do read the full article, and – since the legislation is likely to be debated today – urgently contact your Member of Parliament if you desire.

Fix the NSW “Conversion Practices” bill

We understand that the Parliament of NSW will debate the Conversion Practices Ban Bill starting this Tuesday (19th March 2024) and it could be fully passed through the Upper House as early as this Thursday.

From Freedom for Faith:

“The Conversion Practices Ban Bill is a genuine effort by the Government to fulfill its election promises to protect religious freedom.

However, at several points the Bill remains unclear, leaving ordinary Australians unsure what they can and cannot say or do. (For more information, you can read our full letter to MPs).

This legislation is likely to be debated this week, and may be passed by the end of Thursday.

Write to your MP NOW to ask them to fix this bill.”

Contact details for your MP here.

NSW Conversion Practices Ban Bill — Freedom for Faith calls for clarity

“The NSW Government has introduced its Conversion Practices Ban Bill into Parliament on Wednesday March 13.

This legislation is a genuine attempt by the NSW Government to keep its promises to faith communities. However, there are still concerns about the breadth of behaviours that the bill covers.

In the lead up to the NSW election, Chris Minns made clear commitments that any legislation to ban ‘conversion practices’ would protect religious freedom, including prayer, teaching and consensual requests for support. These commitments were repeated by many Labor MPs and candidates at forums across the State.

This legislation represents a genuine effort by the Government to keep those promises. The legislation does protect against the most extreme violations of religious freedom that have been seen in the Victorian legislation and replicated in previous proposals in NSW. It also exempts medical practitioners, allowing them to continue doing what is in the best interest of the patient. Finally, the bill provides an exemption for parents to talk to their children, although unfortunately this does not extend to important family relationships such as grandparents.

However, the bill is weakened by the problematic use of the vague term ‘suppression’. Due to the breadth and uncertainty around what is a suppression practice, it remains unclear exactly what conduct would be in the scope of the bill. In other jurisdictions, simply encouraging a person to remain celibate outside of heterosexual marriage is considered ‘suppression’. This uncertainty risks breading fear in faith communities as to what is allowed.

We call on the Government to give greater clarity as to what is and is not a ‘suppression’ practice.”

– Freedom for Faith has published a webpage with the latest on the NSW Government’s proposed Conversion Practices Ban Bill.

You can also sign up for e-mail updates.

Nationwide evangelistic collaboration: Meet Jesus and the power of prayer

From The Pastor’s Heart:

“The old saying is ‘A rising tide lifts all boats.’  But could the spark of story telling, and celebrating faith increase evangelism in churches and on university campuses everywhere?

National Director of the Australian Fellowship of Evangelical Students Richard Chin is emphasising the importance of prayer, through what he calls a ‘two-for-two’ model, and asks churches to join him in consistent branding in a nationwide push to introduce people to Jesus.

We discuss practical steps to integrate evangelism into the church’s DNA, champion the role of head, heart, and hand in fostering a consistent culture of outreach.

Rory Shiner is senior pastor of Providence Church, Perth and Chair of the Gospel Coalition Australia.

Baden Stace leads the ministry team at St Stephens Normanhurst in Sydney’s north.

Elliot Temple is missions pastor at Christ Church St Ives also in Sydney’s north.”

Watch or listen here.

Queensland – new proposed discrimination law

“The Queensland government has released a draft of a proposed new discrimination law for public comment.

The proposed Anti-Discrimination Bill 2024 will make some radical changes to Queensland law, and of interest here is that it will seriously impact religious freedom in that State.

One of the ways that religious freedom is protected in Australia is through the inclusion in discrimination laws of ‘balancing clauses’ (provisions that balance the right not to be discriminated against, with the important right of religious freedom). But the new Bill will dramatically narrow those clauses.

I am pleased to present a guest blog post commenting on some religious freedom impacts of the draft Bill, from Dr Alex Deagon, an Associate Professor in the School of Law at QUT, and an internationally recognised researcher in religious freedom. …”

– See the guest post by Dr Alex Deagon at Associate Professor Neil Foster’s Law and Religion Australia blog.

Why the “equality” Bill is a threat to religious freedom — and what you can do about it

“The Equality Legislation Amendment (LGBTIQA+) Bill 2023 introduced by Independent MP Alex Greenwich is due to be debated next month and voted on in March.

The bill makes wide-ranging changes to 20 pieces of NSW legislation that will undermine religious freedom and entrench a radical gender ideology in NSW. …”

Bishop Michael Stead writes at SydneyAnglicans.net.

He emphasises,

“Christians need to act immediately to make our opposition to this bill known.

We need to contact our local State members. Most politicians have little idea about the contents – let alone the consequences – of this bill.

It is important they hear our concerns before the bill’s scheduled voting day on March 14.”

This is an important article and deserves to be widely shared.

See also contactyourmp.org.au for background and helpful resources.

I think we need to mention the war

“By ‘the war’, I mean world war II, of Basil Fawlty fame. The war during which the Holocaust happened.

Since the 7 October 2023 terrorist attacks on Israel by Hamas, there’s been an alarming upswing in antisemitism in Australia. What is antisemitism? A useful definition is:

a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.

International Holocaust Remembrance Alliance …”

– Theologian and ACL Council member Dr. Lionel Windsor reports on today’s ‘Never Again is Now’ rally in Sydney.

Related:

Archbishop Kanishka Raffel’s statement on antisemitism – 13 October 2023.

“Equality” Bill threatens religious freedom in NSW

“Independent MP Mr A H Greenwich last year introduced a private member’s bill called the Equality Legislation Amendment (LGBTIQA+) Bill 2023 (“the Bill”) into the NSW Parliament. It is understood that time will be allowed for debate on the Bill on February 8, 2024.

Freedom for Faith has an excellent overview of the many areas covered by the Bill and why the Bill should not proceed. Most private member’s Bills are not approved, but there is a danger that some MP’s might support some of the provisions of this Bill.

In this post I will focus on some of the dangers to religious freedom in NSW if the Bill were passed. (There are so many that I may not cover them all in one post, and if I can I will try to pick up those I miss here in a later post.)

… the amendments to s 56, if enacted, would radically undermine the freedom of religious groups to operate in accordance with their faith. They, along with the other proposals in this Bill, should be rejected if they come to a vote in the Parliament. As noted above, Freedom for Faith has provided a summary of the other proposals in the Bill, and links at that website will allow those who want to, to write to their MP to let them know their views.”

– Neil Foster draws attention to an alarming development in New South Wales.

Do take the time to read it all – and consider contacting your MP.

(Image: Assoc Prof. Foster at a Sydney Diocese training day.)

Victorians gather to lift their eyes at Summer Under the Son

“Hundreds of people have gathered to lift their eyes to God’s work throughout the world at CMS Victoria’s annual Summer Under the Son conference in Melbourne. …”

The Melbourne Anglican.

Voluntary assisted dying laws partly invalid

“An important decision handed down recently in the Federal Court of Australia rules that part of Victoria’s euthanasia law (the Voluntary Assisted Dying Act 2017 (Vic)(‘VADA 2017’)) is invalid, as it authorises assistance with suicide, which is prohibited by Federal law.

The decision, of Abrahams J as a single judge in the Federal Court, is Carr v Attorney-General (Cth) [2023] FCA 1500 (30 November 2023). The implication is that similar provisions of other State and Territory laws are also invalid. The relevant federal law, sections 474.29A and 474.29B of the Criminal Code Act 1995 (Cth), in broad terms, makes it an offence to assist or encourage someone to commit suicide through use of a ‘carriage service’, most commonly by use of a telephone (either a voice call or a text message), email, or some internet service. …”

– At Law and Religion Australia, Neil Foster looks at the implications of a recent decision.

Image from a Diocese of Sydney training day.

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