By Kate MacKay

New Zealand has long received worldwide praise for its liberal stance on LGBTQIA+ rights. We were the thirteenth to legalise same-sex marriage;[1] we rank eleventh on the Gay Happiness Index;[2] pride events like the Big Gay Out are staples on our events calendar;[3] and we even have crossing lights honouring prominent LGBTQIA+ figures.[4] So, it should come as a shock to find out that conversion therapy is still entirely legal - and remarkably widespread - throughout New Zealand.

What is conversion therapy?

Conversion therapy is any treatment given to LGBTQIA+ people with the aim of expelling attraction to the same sex. Closely aligned with religion, practitioners claim that being gay is wrong, and is a sin. Methods range from one-on-one or group therapy, to “rewir[ing a victim’s] brain”,[5] praying for God to remove “the disease” of being gay,[6] and even exorcisms and public humiliation to “blow out” the “gay demons.”[7]

When did it start?

Conversion therapy was popularised in the late nineteenth and early twentieth centuries. Some of its proponents, like psychologist Sigmund Freud, were more reserved in their beliefs, while others held more extreme views, like endocrinologist Eugen Steinach who theorised that genital transplants could cure homosexuality.[8] These theories paved the way for more extreme physical treatments, often known as aversion therapy. These included hypnosis, electric shock therapy and chemical castration.[9] These treatments were the norm until the period following the Stonewall Riots in 1969, when the gay liberation movement began.[10] In 1973, the American Psychological Association removed homosexuality from its lists of diseases, and from then on conversion therapy lost much of the widespread support that it had enjoyed in decades past.[11]

Conversion therapy today

Despite being widely denounced, many anecdotal claims have been made that conversion therapy is still “common” in New Zealand, affecting many LGBTQIA+ people, especially young people.[12] Currently, many international organisations have condemned the practice, including the United Nations Committee against Torture, and various medical professional associations in Britain, Canada and Australia.[13] In New Zealand, organisations such as the Aotearoa New Zealand Association for Social Workers[14] and the New Zealand Association of Counsellors have added their voices to the widespread condemnation.[15]

Yet, this professional rejection has failed to translate into legislative action in New Zealand. Currently, it is regarded as “unethical behaviour” to provide conversion therapy.[16] However, this only applies to licenced therapists and counsellors. Technically, anyone in New Zealand can claim to offer services in conversion therapy, and suffer no legal repercussions.

Personal experiences in New Zealand

Ryan Curran, a gay Auckland man, told TVNZ’s Sunday that he had a counsellor tell him “that God would be able to heal me from this disease, and I did think oh, is there some truth in this?”[17] After years of realising he could not change, he attempted suicide. Following this, he said that he cried for weeks, because “one, I didn’t succeed and two, because I just knew my life at that moment was the worst that it’s ever, ever been.”[18]

Another gay man, Jim Marjoram, told Sunday that conversion therapy is “outright wrong on every level” as it is “based on the assumption that being gay is evil.”[19] He admitted that in his conversion therapy, “what I was doing was learning to suppress it”, and that it was “extremely dangerous because you’re shutting down a core part of who you are as a human being.”[20] He spoke of how he “spent [his] whole life fluctuating between depression and suicide”, and described conversion therapy as “a losing battle that drives people into different forms of mental illness”.[21]

Paul Stevens also came forward, saying that he was sent to conversion therapy by his church at age fifteen. He “had been brought up to believe it was not okay for me to be gay”.[22] When he realised that he could not change, he felt like it was “[his] fault” and “like [he] had done something wrong.”[23] To him, the idea of anyone possibly finding out that he was gay was “terrifying”, and that throughout the ordeal he was “incredibly isolated.”[24]

Conversion therapy overseas

While many countries worldwide continue to allow conversion therapy, others have taken steps to outlaw the practice. In Australia, the state of Victoria has banned conversion therapy.[25]  In the United States, twenty-one states have partially or entirely banned conversion therapy for minors.[26] In Canada, a proposed bill would ban conversion therapy for all minors nationwide, and provinces like Manitoba already have bans in place.[27] More recently, Germany has entirely banned conversion therapy for minors, as well as adults if they are forced into receiving the therapy.[28]

Action for change in New Zealand

These personal experiences and traumas, combined with international and professional condemnation and bans in many overseas countries, have provided the fuel necessary to light the fire of change in New Zealand. A number of activist groups have called for change, and there has been a significant push in recent times by these groups to ban conversion therapy.

This pressure culminated in August 2018, when a petition to ban conversion therapy was presented to Parliament by the groups Young Labour and Young Greens. It had received over 15,000 signatures, alongside a further 5000 gathered by the group Rodney Area Rainbow LGBTQ.[29] The petition stated that “gay conversion therapy is incredibly dangerous. It does not work... [it] can cause anxiety, depression, and in extreme cases suicide.”[30] The petition was then considered by the Justice Select Committee, which produced a report on their deliberations.

Select Committee Report

In spite of the 20,000 signature strong petition, the select committee did not recommend a ban on conversion therapy. In their report, they noted their concern that “conversion therapy may cause further harm to an already vulnerable section of New Zealand.”[31] Additionally, they acknowledged that “such therapy can be harmful because it perpetuates the idea that sexuality and gender identity are an individual’s choice rather than something they are born with.”[32] Most notably, they added that the idea that sexuality can be changed is “inconsistent with mainstream scientific consensus, the New Zealand Bill of Rights Act 1990, and internationally recognised human rights.”[33]

In spite of these findings, they concluded that they “believe more work needs to be done before any decision is taken to ban [conversion therapy].”[34] They provided justification by saying “thought must be given to... ensure that rights relating to freedom of expression and religion were maintained.”[35] In sum, they could not reconcile how a ban on conversion therapy could be enacted, whilst still protecting the right to religion.

Some hope for change was provided, with the committee referring to the Member’s Bill that was, and still is, in the Member’s Bill ballot. Proposed by Member of Parliament Marja Lubeck, the bill “would make it an offence for any person to perform, offer, or advertise conversion therapy on another person, or to remove another person from New Zealand for the purposes of conversion therapy.”[36] The committee noted that this “would be an important opportunity to consider the issues more fully.”[37]

Prohibition of Conversion Therapy Bill

If selected from ballot and passed into law, this bill would ban conversion therapy in New Zealand.[38] It seeks to ban conversion therapy as it is a “flawed and abhorrent practice.”[39] It says that conversion therapy tells people that there is “something fundamentally wrong with who they are and they should be changed.”[40] The bill would also prohibit the removal of someone from New Zealand for the purposes of receiving conversion therapy in an overseas jurisdiction where it is legal.[41]

The bill imposes several punishments for breaches. Those who perform, offer or advertise conversion therapy would face either six months imprisonment or a five thousand dollar fine.[42] Those who remove someone from New Zealand to receive therapy in another country would face one year imprisonment or a ten thousand dollar fine.[43] Professionals who perform, offer or advertise conversion therapy would also face one year imprisonment or a ten thousand dollar fine.[44]

What politicians have said

Several politicians have noted their support for the bill and a ban on conversion therapy, but have expressed their desire to wait until the bill is selected from ballot to begin actively campaigning. Prime Minister Jacinda Ardern told media that she has “concerns” about conversion therapy as “often you have very, very vulnerable, particularly young people in that situation."[45] However, she made it clear that she wanted to wait until the bill was drawn, which for her is “just a matter of time.”[46] Health Minister Dr David Clark also denounced the practice, calling it “abhorrent”.[47] Yet, he has stated that “the Government has no intention to pursue a ban.”[48]

In contrast to these opinions is MP Dr Nick Smith, a member of the Justice Select Committee which considered the petition. In the committee, he indicated that while he understands the inherent harms in conversion therapy, he does not necessarily think a ban is the correct avenue of change. He said that those who are religious should have the “freedom to do all sorts of weird s*** that I don’t necessarily like.”[49]

Legal position: Human Rights Act 1993 and the Bill of Rights Act 1990

The overarching reason given as to why New Zealand has yet to ban conversion therapy, is that the task of balancing the rights of both LGBTQIA+ people and the rights of religious freedom is inherently difficult. Therefore, it is important to consider the relevant legal protections for each side, in order to see if it is possible to balance the two.

The Human Rights Act 1993 and the Bill of Rights Act 1990 are the two main sources of rights protections in New Zealand law. Both groups are afforded protections against discrimination under section 21 of the Human Rights Act.[50] These protections are affirmed in section 19 of the Bill of Rights Act.[51]

However, both groups are afforded further rights in other sections of the Bill of Rights Act. Section 9 of the Act provides for the “right not to be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment”, which could be argued to protect LGBTQIA+ people against conversion therapy.[52] On the other hand, section 13 of the Act provides for “freedom of thought, conscience, religion and belief, including the right to adopt and hold opinions without interference.”[53] Moreover, section 14 states that “everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form.”[54] Section 15 provides additional safeguards by protecting the “observance, practice, or teaching, either individually or in community with others, and either in public or in private.”[55] A ban on conversion therapy could be interpreted as interfering with these rights.

Following this, it can be difficult to see a way to reconcile these opposing rights. However, section 5 of the Bill of Rights Act provides for justified limitations to be imposed on all sections of the Act “as can be demonstrably justified in a free and democratic society.”[56] This section could be used to place a limit on the rights of religious freedom, in order to protect LGBTQIA+ people from the harms of conversion therapy, which can be argued as justifiable in the free and democratic society of New Zealand.

The future of conversion therapy in New Zealand

When, and how, this issue will be resolved remains unclear. If selected from the ballot, the Prohibition of Conversion Therapy Bill would provide an excellent platform to discuss which legal approach New Zealand should take, and how section 5 can be utilised. If a ban were to pass into law, it would provide a sense of completeness to New Zealand’s position as a world-leading country for LGBTQIA+ rights. However, there are many conflicting opinions and values at play that extend deep beyond the bounds of the law. It is up to Parliament to decide how to reconcile the matters at hand, and only time will tell how they do so.

The views expressed in the posts and comments of this blog do not necessarily reflect those of the Equal Justice Project. They should be understood as the personal opinions of the author. No information on this blog will be understood as official. The Equal Justice Project makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The Equal Justice Project will not be liable for any errors or omissions in this information nor for the availability of this information.

Featured image source: rihaij from Pixabay

[1] Pew Research Centre “Same-Sex Marriage Around the World” (28 October 2019) Pew Forum <https://www.pewforum.org/fact-sheet/gay-marriage-around-the-world/>.

[2] Planet Romeo “The Gay Happiness Index” <https://www.planetromeo.com/en/care/gay-happiness-index/>.

[3] Gay Express “Out & About at the Big Gay Out 2020” (11 February 2020) <https://gayexpress.co.nz/2020/02/out-about-the-big-gay-out-2020/>. 

[4] Tommy Livingston “Carmen Rupe traffic signals set to light up Wellington’s Cuba St” (7 August 2016) Stuff <https://www.stuff.co.nz/dominion-post/news/82903376/carmen-rupe-traffic-signals-set-to-light-up-wellingtons-cuba-st>.

[5] Hidden camera interview with Natasha, Living Wisdom conversion therapy practitioner (Matt Chilsom, Sunday, TVNZ, 17 June 2018).

[6] Interview with Ryan Curran, conversion therapy survivor (Matt Chilsom, Sunday, TVNZ, 17 June 2018).

[7] Dave De Lorean “‘I thought I was a freak': One man's experience with gay conversion therapy” (13 July 2018) Stuff <https://www.stuff.co.nz/national/health/105368961/i-thought-i-was-a-freak-one-mans-experience-with-gay-conversion-therapy>.

[8] Erin Blakemore “Gay Conversion Therapy’s Disturbing 19th Century Origins” (28 June 2019) History <https://www.history.com/news/gay-conversion-therapy-origins-19th-century>.

[9] Blakemore, above n 8.

[10] Emanuella Grinberg “How the Stonewall riots inspired today’s pride celebrations” (28 June 2019) CNN <https://edition.cnn.com/2019/06/28/us/1969-stonewall-riots-history/index.html>

[11] ?

[12] Justice Committee Petition of Max Tweedie for Young Labour and the Young Greens: Ban Gay Conversion Therapy (18 October 2019) at 3.

[13] Prohibition of Conversion Therapy Bill 2018 (124-1).

[14] Aotearoa New Zealand Association of Social Workers Voice “ANZASW Statement on the Practice of “Gay Conversion Therapy” in Aotearoa NZ” (9 July 2018) Aotearoa New Zealand Association of Social Workers <https://anzasw.nz/anzasw-statement-on-the-practice-of-gay-conversion-therapy-in-aotearoa-nz/>.

[15] New Zealand Association of Counsellors “One great step for LGBTQI acceptance, now it’s NZ’s turn” (4 July 2018) Scoop Health <https://www.scoop.co.nz/stories/GE1807/S00019/one-great-step-for-lgbtqi-acceptance-now-its-nzs-turn.htm>.

[16] Justice Committee, above n 11.

[17] Curran, above n 6.

[18] Curran, above n 6.

[19] Interview with Jim Marjoram, conversion therapy survivor (Matt Chilsom, Sunday, TVNZ, 17 June 2018).

[20] Marjoram, above n 18.

[21] Marjoram, above n 18.

[22] Interview with Paul Stevens, conversion therapy survivor (The Project hosts, The Project, Three, 11 July 2018).

[23] Interview with Paul Stevens, conversion therapy survivor (Matt Chilsom, Sunday, TVNZ, 17 June 2018).

[24] Stevens, above n 22.

[25] Glen Morét “Gay Conversion Therapy to be Banned in Victoria” (9 February 2016) Gay News Network <https://web.archive.org/web/20160825194841/http://gaynewsnetwork.com.au/news/gay-conversion-therapy-to-be-banned-in-victoria-20303.html>.

[26] Movement Advancement Project “Conversion “Therapy” Laws” (18 May 2020) <https://www.lgbtmap.org/equality-maps/conversion_therapy>.

[27] BBC News “Canada presents bill banning conversion therapy” (9 March 2020) <https://www.bbc.com/news/world-us-canada-51773586>.

[28] Frederik Pleitgen and Amy Woodyatt “Germany bans gay conversion therapy for minors” (8 May 2020) CNN <https://edition.cnn.com/2020/05/08/europe/germany-gay-conversion-therapy-ban-intl-scli-grm/index.html>.

[29] Felix Desmarais “Petition to ban gay conversion therapy presented to Parliament” (8 August 2018) Stuff <https://www.stuff.co.nz/national/politics/106122277/petition-to-ban-gay-conversion-therapy-presented-to-parliament?rm=m>. 

[30] Max Tweedie “Petition of Max Tweedie for Young Labour and the Young Greens: Ban Gay Conversion Therapy”.

 

[31] Justice Committee, above n 11.

[32] Justice Committee, above n 11.

[33] Justice Committee, above n 11.

[34] Justice Committee, above n 11, at 5.

[35] Justice Committee, above n 11, at 5.

[36] Justice Committee, above n 11, at 4.

[37] Justice Committee, above n 11, at 4.

[38] Prohibition of Conversion Therapy Bill, above n 12, at cl 3.

[39] Prohibition of Conversion Therapy Bill, above n 12, at Explanatory Note.

[40] Prohibition of Conversion Therapy Bill, above n 12, at Explanatory Note.

[41] Prohibition of Conversion Therapy Bill, above n 12, at cl 7.

[42] Prohibition of Conversion Therapy Bill, above n 12, at cl 6 sub-cl 2.

[43] Prohibition of Conversion Therapy Bill, above n 12, at cl 7 sub-cl 2.

[44] Prohibition of Conversion Therapy Bill, above n 12, at cl 8 sub-cl 2.

[45] Brittany Keogh “Conversion Therapy: PM concerned about ‘vulnerable’ LGBT youth” (21 October 2019) Stuff <https://www.stuff.co.nz/national/116760406/conversion-therapy-pm-concerned-about-vulnerable-lgbt-youth>.

[46] Levi Joule “Jacinda Ardern Confident of Gay Conversion Therapy Ban” (12 February 2020) Gay Express <https://gayexpress.co.nz/2020/02/jacinda-ardern-confident-of-gay-conversion-therapy-ban/>.

[47] De Lorean, above n 7.

[48] De Lorean, above n 7.

[49] Phil Smith “Parliament hears call to ban conversion therapy” (13 June 2019) Radio New Zealand <https://www.rnz.co.nz/national/programmes/the-house/audio/2018699487/parliament-hears-call-to-ban-conversion-therapy>.

[50] Human Rights Act 1993, s 21.

[51] Bill of Rights Act 1990, s 19.

[52] Bill of Rights Act, s 9.

[53] Bill of Rights Act, s 13.

[54] Bill of Rights Act, s 14.

[55] Bill of Rights Act, s 15.

[56] Bill of Rights Act, s 5.