Issue link: https://maltatoday.uberflip.com/i/643092
maltatoday, SUNDAY, 21 FEBRUARY 2016 3 News MIRIAM DALLI TIM DIACONO THE Catholic Church has claimed that a proposed bill to outlaw gay conversion therapies is "discriminatory" and that it only seeks to protect "a category of peo- ple finding it hard to come to terms with their condition". The church dug its heels in after the government tabled its Affirmation of Sexual Orientation, Gender Identity and Gender Expression Bill, seeking an out- right ban on conversion therapy, which it terms a "deceptive and harmful act against a person's sexual orientation, gender identity and, or gender expres- sion, and to affirm such characteristics." In a position paper – drafted by Faculty of Laws dean Kevin Aquillina, Theology dean Emmanuel Agius, judge emeritus Giovanni Bonello, and reverend profes- sors Paul Galea and George Grima – the Church is declaring that the law would "affirm the superior status of homosexu- ality over heterosexuality", by accept- ing that people can change their gender identity, but not their sexual orientation. Malta last year enacted a gender iden- tity law that gives people the right to re- quest that their legal gender is changed. "The accepted meaning of 'conversion therapy' is a treatment directed at chang- ing the orientation from homosexual to heterosexual," the position paper con- cludes. "If the Bill becomes law, it will be a crime to assist a person with homosex- ual orientation to become heterosexual, but perfectly legitimate to assist a het- erosexual to become homosexual," the Church said. "Does this mean that homosexuals and heterosexuals are not afforded the same legal standing and protection?" The answer to that question came from Gabi Calleja, coordinator of the Malta Gay Rights Movement. "While it is more likely that conversion practices are experienced by LGBTI+ persons due to hetero-sexism and strong- ly prescribed sex and gender norms in our society, the bill simply seeks to en- sure that all persons – whatever their sexual orientation, gender identity or gender expression – are valued equally," Calleja said. "It makes it illegal to seek to change someone from homosexual to hetero- sexual and from heterosexual to homo- sexual, as well as from male to female or female to male, irrespective of the sex as- signed at birth." Calleja said conversion therapy was less likely to happen to heterosexual and cis- gender (those whose experiences of their own gender agree with the sex assigned at birth) persons, since it is rare to have respected institutions with millions of followers – read, the Church – "refer to heterosexual attraction as intrinsically disordered or to object when a person's sex and gender are aligned." Civil liberties minister Helena Dalli en- tered the fray to say that the Church's arguments were based on "false premises that run counter to equality and human freedom". "It is not true that the Bill will discrimi- nate between homosexuals and hetero- sexuals or that it will contradict other Maltese laws," she said. "The govern- ment wants to protect everybody from the invasive practice of so-called conver- sion therapy that has been recognized as harmful by the American Psychological Association." The Church is claiming that "everyone would be incapable to receive the treat- ments one may want to have after con- sultation with a professional person". But Gabi Calleja said the Bill in no way impedes interventions by professionals to support individuals in coming to terms with their sexual orientation, gender identity or gender expression, whatever it might be. Neither does it prevent pro- fessionals from supporting individuals in choosing what kind of relationships they enter into or whether they opt to sup- press any aspect of their identity and its expression. Calleja also rubbished the Church's claim that the law would criminalise the treatment of paedophiles in same-sex be- haviour. "Their presenting problem is not same- sex or opposite sex attraction, but the sexual abuse of children, irrespective of their gender. Neither is counselling a bi- sexual person in order to support them in being faithful to their partner in any way prohibited since the issue is not denying that the person is bisexual but in exercis- ing control over their infidelity," she said. The Church also said the Bill fails to con- sider grey areas, such as married bisexuals seeking help to save their marriages. "To imply that bisexual persons enter into ex- tramarital relationships because of their sexual orientation denotes a serious prej- udice towards bisexual persons," Calleja said. "And a deep level of ignorance that may have negative repercussions in clini- cal and counselling interventions." The law would fine any non-professional promoting conversion therapy €5,000 and a maximum six months' imprisonment, with higher fines if the person affected is a minor. Professionals – including coun- sellors, educators, psychologists, psy- chiatrists, social workers, doctors, family therapists and pathologists – found guilty would face a €10,000 fine or a maximum year's imprisonment. "The vast majority of professionals who adopt an affirmative approach to all sexu- al orientations, gender identities and gen- der expressions in counselling and clini- cal practice have nothing to fear from this legislation. It is only the few who continue to be governed by prejudice and igno- rance who will be affected," Calleja said. 'My bisexuality is a gift from God' Chris Vella, who leads the Christian LGBTI+ group Drachma, finds himself as the bridge between two seemingly ir- reconcilable sides. "I view my bisexuality as a gift from God, and not as a form of punishment or abnormality," he told MaltaToday. "Un- fortunately, certain phrases such as 'the homosexual condition' and 'homosexual inclinations' within the Church's posi- tion paper make me think they are still stuck in a mindset that considers homo- sexuality as a curable illness." Questioning whether the Church had consulted with any LGBTI+ people be- fore issuing its position paper, he urged it to change their stance to be more "grounded in reality of LGBTI+ Chris- tians". "Faith is one of the things that bonds my partner and I together. We pray to- gether, reflect on God's will together, and have sought spiritual direction as a couple. I can also say that my commu- nity work with Drachma comes from the energy harnessed from my relationship with my partner. "The Church, both locally and globally, has a lot of ground to cover to continue its understanding of sexuality." Where do the political parties stand? Alternattiva Demokratika chairperson Arnold Cassola said the Green Party agreed with the general idea behind the law criminalising gay conversion therapy. "If this bill needs to be fine tuned, it is up to MPs and their experts on the issue to see this is done in order to ensure a just and equal treatment of all members of society." Cassola said that contrary to what the Church's position implied, the Bill "does not and will not prevent professionals ei- ther from treating paedophiles or people who need psychological help". The position of the Nationalist Party is as yet unknown. "The parliamentary group still needs to discuss the Bill," a spokesperson said. What do the experts say? The British Psychological Society, amongst other respected professional bodies, has condemned the practice of "gay conversion therapy", which it defines as "an umbrella term for a type of talking therapy or activity which attempts to change sexual orientation or reduce attraction to others of the same sex." "There is no good evidence this works and we believe it has the potential to cause harm. Often these approaches are based on religious interpretations about sexuality rather than on a researched and informed understanding of sexual orientation," a consensus statement issued by Stonewall and the UK's psychiatry and psychology bodies. Guidelines published by the British Psychological Society say that "as same- sex sexual orientations… are not diagnosable illnesses, they do not require any therapeutic interventions to change them." The Royal College of Psychiatrists condemned the practice, saying that "there is no sound scientific evidence that sexual orientation can be changed. Furthermore, so-called treatments of homosexuality create a setting in which prejudice and discrimination flourish." Church against criminalisation of gay conversion therapies Gordon John Manche confronting LGBTI+ activists at a protest against gay conversions in 2011