Christian advocate for women Kirralie Smith and her organisation Binary could be fined up to a total of $200,000 after the Local Court of New South Wales found her guilty of vilifying two transgender soccer players.
In two separate judgements NSW Deputy Chief Magistrate Sharon Freund ruled that calling the male-born players “men” was unlawful vilification under the NSW Anti-Discrimination Act.
“I am satisfied that the defendant unlawfully vilified the plaintiff … when she referred to the plaintiff as a male or a man,” Magistrate Freund wrote in one of the rulings.
Ms. Smith and Binary could be ordered to publicly apologise for “misgendering” the players, and to undertake re-education to affirm that men can be women.
They have already been ordered to delete all existing content relating to the plaintiffs.
Failure to comply within two months could impact penalties set to handed down in November.
“EFFECTIVELY SILENCES PUBLIC DEBATE ABOUT GIRLS’ AND WOMEN’S SPORT”
According to a Family First media release, Magistrate Freund was at pains in her lengthy judgements — one was 52-pages long — to say she was not deciding whether biological males, or transgender “women” as she described them, should be allowed to play in girls’ and women’s sports.
It notes that the finding against Ms. Smith and Binary has judged that the law prohibits free argument on the issue and effectively shields it from public scrutiny.
One judgement found that Kirralie Smith’s social media posts pointing out that one of the vilified players was the top goal scorer in a women’s competition, was vilification in breach of the law.
The other ruled that calling the plaintiff “a bloke in a frock” was vilification.
The Deputy Chief Magistrate found a Binary newsletter making the same reference “has the capacity to encourage or spur others to harbour emotions of hatred towards, severe contempt for, and severe ridicule of the plaintiff, on the grounds that the plaintiff is transgender”.
“THESE ARE UNJUST DECISIONS BASED ON UNJUST LAWS”
The national director of the Family First party Lyle Shelton who is also a director of Binary, said the court ruling is “a further blow for girls’ and women’s rights and for freedom of speech.”
“These are unjust decisions based on unjust laws.”
“The law must be changed to protect girls’ and women’s sports and freedom of speech.”
Mr. Shelton said anti-discrimination and anti-vilification laws in NSW and the almost identical laws in all other states and territories were deeply flawed.
“THESE LAWS ARE USED TO SILENCE SPEECH ACTIVISTS’ HATE”
“Australians should be free to engage in debate, even robustly,” he asserted.
“The limits to free speech should be at incitement to violence, not to protect the political positions of those engaged in identity politics by shutting down discussion.”
“Sadly, Liberal and Labor politicians allow the law to be used vexatiously by anti-free speech activists.”
“While these laws are often referred to as ‘hate speech laws’ they are in effect used to silence speech activists’ hate.”
“No one should be able to sue their fellow Australian on the basis of hurt feelings.”
KIRRALIE SMITH’S RESPONSE TO RULING
Speaking exclusively with The Daily Declaration, Kirralie Smith agreed with that assessment.
She said the judgements send a chilling message to all Australians who care about truth and fairness.
“It is an extremely disappointing result.”
“Women are being forced to accept males in their spaces, services and sport without the ability to object.”
“To object is to be penalised.”
She also pledged to continue the fight for the right to speak truthfully.
OTHER WOMEN’S RIGHTS CAMPAIGNERS SHOW THEIR SUPPORT
Victorian Liberal MP Moira Deeming declared “Truth is illegal now.”
CEO of Women’s Forum Australia Rachael Wong, called the ruling “utterly absurd and deeply concerning for anyone who cares about freedom of speech, truth, and women’s sex-based rights.”
Sall Grover, CEO and founder of networking app Giggle for Girls commented: “This is ridiculous. It’s not vilification to call a man a man. It’s the truth.”
Ms. Grover has appealed a Federal Court ruling that found her guilty of discrimination for not allowing a transgender person to use her women-only platform.
THE OPPOSITE VIEW
Equality Australia Legal Director Heather Corkhill took the opposite view:
“People who target vulnerable minorities to incite hatred and fear need to be called out and stopped,” she said.
“Smith and her supporters are out of step with the law, out of step with community values, and out of step with modern Australia.”
KIRRALIE SMITH LOSES APPEAL AGAINST AN APPREHENDED VIOLENCE ORDER
The vilification decisions came just days after a separate Court of Appeal ruling upheld a two-year apprehended personal violence order (APVO) against Ms. Smith for “harassment”, after she posted images of one of the vilification plaintiffs, questioning male participation in women’s sport.
The ruling confirms that APVOs can be used to combat cyberbullying as well as physical violence.
The court noted Ms. Smith was seeking to test the limits of her rights of political expression, while the plaintiff was mainly concerned about safety.
It dismissed the appeal and sided with the judge who imposed the order after concluding Ms. Smith’s post were “belittling” and “threatening.”
The plaintiff’s lawyer said the Appeal Court ruling confirms online harassment, even if dressed as ‘political commentary’, can and will justify the making of an APVO.”
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