Christian campaigner for women’s and children’s rights and founder of the organisation Binary, Kirralie Smith, has vowed to keep fighting her legal battles, after being punished for ‘vilifying’ two transgender soccer players competing in a women’s league.
“My penalty for being guilty of ‘unlawful vilification’ has been handed down,” she announced last Friday.
“In summary, $95,000 in fines which will double if I don’t pay in 28 days.”
“The orders also state I need to issue a public apology.”
“I will be appealing the decision.”
“ANYONE CAN NOW BE PROSECUTED FOR MISGENDERING”
Binary wrote: “The decisions against Kirralie mean that anyone can be prosecuted for misgendering someone who identifies as transgender.”
“This is a massive step backwards in the fight for free speech and the fight to protect women-only spaces.”
“It means that anybody who speaks out against transgender activism could be dragged before the court, just like Kirralie.”
“Kirralie’s battle to protect women and children could now go all the way to the High Court of Australia, and Binary will be with her the whole way.”
NEXT STEP IN APPEAL PROCESS
Ms. Smith told Vision Radio: “At this stage there’s a lot of what we believe are factual errors in the case and in the judgement and we will appeal those.”
“We’re going to put on a notice our intention to appeal.”
“So we are also hoping that will put a stay on the orders for the time being, while that appeal is being worked out.”
“We can’t go straight to the High Court. We need to go to the Supreme Court or the Appellants Court, or I think the District Court, one of those.”
“But we suspect that this will go all the way to the High Court.”
KIRRALIE SMITH’S REACTION TO HER PENALTIES
Kirralie Smith posted: “It is disappointing that the word ‘woman’ has been redefined to include males and that the words ‘violence’ & ‘vilification’ have been applied to speaking the truth.”
“Women have effectively been erased from law and attempts to advocate regarding public policy are shut down for the sake of the feelings of a few.”
“Nothing will steal my joy in knowing that I am a woman.”
“I am proud to stand for truth and reality.”
CONSEQUENCES FOR POLITICAL ADVOCACY
“I’m a registered political campaigner and this will have serious consequences for other political advocates, for people in media, and also commentators on social media as well as politicians when they’re not on the floor of Parliament,” she told Vision Radio.
“Because if anyone is to use examples of what is happening, which is what I did, took the information from the public domain — that can be construed as vilification, violence or harassment, and that’s really concerning.”
“I don’t like the price that I have to pay for this, but I’m willing to pay the price because it’s truthful, it’s honest, it’s about women’s sex based realities, it’s about child safeguarding, it’s about fairness and it’s about dignity.”
“So I’m more than prepared to stay and to stand firm.”
“THE PUBLIC SQUARE IS NO LONGER FREE”
Christian commentator Bill Muehlenberg observed in a Culture Watch article that Kirralie Smith’s case marks a dangerous precedent:
“If a political advocate cannot truthfully speak about the male body in women’s sport, then the public square is no longer free.”
He called the Christian campaigner “one of Australia’s most courageous advocates for truth on sex and biology.”
National Director of the Family First Party Lyle Shelton called her punishment “unjust and the result of the cowardice of the Liberal and Labor parties.”
“The weaponisation of so-called vilification laws by LGBTIQA+ political activists has destroyed freedom of speech and made Australia unsafe for girls and women.”
SUPPORT FROM WOMEN’S LEADERS
CEO of female-only app Giggle For Girls Sall Grover posted: “It’s Kirralie who is being vilified.”
“It is always important to remember that every claim made by gender ideology, the exact opposite is true,” she added.
Ms. Grover is going through her own legal ordeal after refusing to let a transgender person join her app.
Women’s Forum Australia director, Rachael Wong, declared the Smith decision an “absolute disgrace.”
“Fining a woman nearly $100,000 for saying men aren’t women doesn’t change the fact that: MEN AREN’T WOMEN.”
BACKGROUND TO THE KIRRALIE SMITH CASE
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,” she wrote.
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.
“BLOKE IN A FROCK” IS VILIFICATION
The other ruled that calling the plaintiff “a bloke in a frock” was vilification.
Magistrate Freund said such a 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”
Her lengthy judgements — one was 52-pages long — stressed 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.
“LAW EFFECTIVELY SHIELDS THE ISSUE OF MEN IN WOMEN’S SPORT FROM PUBLIC SCRUTINY”
The Family First Party argued that the judgements say the law prohibits free argument on the issue and effectively shields it from public scrutiny.
Lyle Shelton re-affirmed the party’s pledge to fight for the repeal of subjective anti-free speech clauses in Australia’s regime of anti-discrimination and anti-vilification laws.
“Incitement of violence should be where ‘hate speech’ laws begin and end. “
“No one should be able to sue their fellow Australian for hurt feelings.”
“POLITICIANS WHO DO NOT FIGHT FOR FREE SPEECH MUST BE REPLACED”
“Public debate is where disagreements over public policy should be thrashed out, not in court where certain identity groups are empowered to silence speech they hate.”
“The findings against Kirralie are unAustralian and every politician should be making it their utmost priority to repeal the laws which allow such a miscarriage of justice.”
“Politicians who do not fight for free speech must be replaced.” Mr Shelton.
Anyone looking to help Kirralie Smith’s appeal can donate here.
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