Recent news articles describe the City of Calgary by-law proposals to ban the practice of conversion therapy. This follows in the wake of similar by-laws passed in Edmonton, St. Albert, Strathcona County and the Municipality of Wood Buffalo amongst others. Conversion therapy bans have also been enacted in Nova Scotia and Ontario; further, a bill was introduced at the Senate, and the Federal Justice Minister was tasked by the Prime Minister to develop a Criminal Code amendment to ban the practice.
Each ban is a bit different, and a municipality’s power under a bylaw is notably limited in comparison to the federal government’s criminal law power. For now, we’ll consider the situation in Calgary to try and answer what conversion therapy is, who might be impacted by such bans, and how we can respond.
Definition
The term conversion therapy suggests images of coercive practices that involve physical or emotional abuse and other such rightly discredited ‘therapies,’ but the definition in Calgary and elsewhere goes much further.
Conversion therapy is defined[1] as counselling, behaviour modification techniques, prescribing or administering medication, or “any other purported treatment, service, or tactic used for the objective of changing a person’s sexual orientation, gender identity, gender expression, or gender preference, or eliminating or reducing sexual attraction or sexual behaviour between persons of the same sex.”
A number of services are exempt from this definition of conversion therapy, and so they are not prohibited. In particular, these include services that provide acceptance, support or understanding or gender-affirming surgery and related services.
Looking at the latter part of the definition, any “treatment, service or tactic” used to eliminate or reduce sexual attraction or behaviour between people of the same sex is prohibited. This effectively declares sexual desire as the dominant – and sacrosanct – factor that ought to order our lives.
Who could be affected?
Because conversion therapy is so broadly defined, it has the potential to have an equally broad impact. And that is why many are concerned about the bans. Who could be affected?
- An individual who voluntarily wants to reduce sexual behaviour, for whatever reason, could be precluded from seeking help in this regard. Many bans, including what we know of the Calgary by-law, do not include consent exceptions.
- A professional who wants to best treat the individual patient is restricted in how gender dysphoria can be treated; that is, affirmation and supporting transition are the only acceptable options.
- A church or faith-based ministry[2] could be prevented from providing the pastoral care, discipleship, prayer, teaching and guidance sought by those who seek support to live in accordance with Biblical teaching about God’s good design for human sexuality. These bans also have the potential to undermine the integrity and autonomy of the family. By-laws are directed at businesses and families fall outside that scope. But where norms are established that prohibited anything short of affirmation, it naturally brings into question parents who fail to follow suit.
This is not intended to be alarmist. But using terms like “any purported … tactic” leaves wide scope for interpretation and we need to be aware of how it could be applied.
Are these bans an effort to prohibit abusive practices that have deeply wounded people in a time of vulnerability and uncertainty? Almost certainly. Are these bans a deliberate attempt to constrain churches upon pain of financial and penal sanction? Perhaps.[3]
Whatever the motivation, this is a chance to reflect the love of Christ to our communities. This is a chance to speak with grace and to interact with wisdom, recognizing that the church hasn’t always responded with grace on matters of sexuality. We have an opportunity to affirm the God-given worth of every person and at the same time share why we believe that sexuality does not define who we are. In Christ we are new creations and He calls all of us to put off our old selves and put on the new, finding our identity in Him.
[1] On January 14, 2020 City Council asked staff to draft a conversion therapy bylaw, which is not yet available. But the City recently circulated a survey asking whether the proposed language is clear – that is the document I use for the definitions discussed.
[2] The Calgary ban is directed at “businesses” which includes not-for-profit organizations, professions, trades, occupations, callings or employment; the fine is $10,000/day for violations.
[3] For example, the Canadian Psychological Association defines conversion therapy as attempts to change sexual orientation and that can include “prayer or religious rites, modification of behaviours, and individual or group counselling.” See also this CBC news article where an advocate suggests that “conversion therapy organizations often do not use the word ‘gay’ or will say they aren’t ‘seeking to change sexual orientation.’ … they use references to believing in ‘biblical viewpoint on homosexuality’ or ‘traditional interpretation of marriage.’”
