The New South Wales Supreme Court has dismissed an appeal by Christian women’s rights campaigner Kirralie Smith against her conviction for vilification and upheld her sentence to pay a total of $95,000 to two transgender soccer players whom she identified as playing in a women’s competition.
Ms .Smith took her case to the Supreme Court seeking to overturn a Local Court’s findings entirely.
Justice Belinda Rigg rejected her central arguments, upholding the lower court’s finding that Ms. Smith and her organisation Binary Australia unlawfully vilified the players.
The judge also rejected her challenge to the constitutional validity of the vilification laws themselves.
KIRRALIE SMITH MUST PUBLISH A STATEMENT ABOUT HER CONVICTION ON HER SOCIAL MEDIA
Women’s rights group Reduxx writes that the decision argues that by referring to the trans-identified males by their biological sex constitutes “serious contempt” and “severe ridicule.”
The judgement ordered Ms. Smith and Binary to publish a statement provided by the court, to remain as a pinned and featured post on her social media for a period of three months.
Reduxx writes that ruling claims the purpose of the public statement is “not to stigmatise or shame” Ms. Smith, contrary to its implications.
“Justice Rigg argued that by ordering the statement, she intends for others who are critical of the situation to see the announcement of guilt.”
KIRRALIE SMITH’S REACTION TO THE SUPREME COURT JUDGEMENT
Kirralie Smith posted to her supporters: “If you know anything about me, you know I’m not going to be gaslit. I’m not going to be intimidated. I am not going be threatened.”
“There’s no amount of money, no judgements, nothing that will turn any man into a woman.”
“I will stand my ground and I will fight for freedom of speech, for truth speech, and for women’s sex-based rights.”
“I’ll have a lot more to say about that in the coming weeks.”
“THANK-YOU FOR YOUR SUPPORT. WE’LL KEEP GOING”
“I just wanted to say today, I’m okay. Thank you for your support. We’ll keep going.”
It’s unclear at this stage if she will appeal the Supreme Court ruling to the Australian High Court within 28-days.
The costs will be substantial, even after paying the $95,000 to the plaintiffs as well as their legal costs.
“THIS IS STATE-ENFORCED COMPELLED SPEECH DESIGNED TO SILENCE AND SHAME”
CEO of Women’s Forum Australia Rachael Wong posted: “This is not justice. It is state-enforced compelled speech designed to silence and publicly shame a woman for defending fairness, safety and biological reality.”
“While the rest of the world is finally waking up, Australia is punishing women for telling the truth, and turning a blind eye to women being injured and excluded from their own sports.”
“Men can never be women. They do not belong in women’s sport. And they cannot silence us all.”
“AT EVERY TURN THE SYSTEM HAS SIDED WITH IDEOLOGY OVER BIOLOGICAL REALITY”
Family First Party National Director Lyle Shelton said: “The Court has confirmed that in NSW, a woman can be fined $95,000 for stating that a male is a male. That is the plain effect of this judgment.”
“The Court was not asked to, and did not, walk back the fundamental problem – that NSW’s anti-vilification laws can be used to punish women for stating biological fact.”
“Kirralie Smith has been dragged through the courts for years for doing nothing more than standing up for women and girls.”
“She has now lost her AVO appeal, lost her High Court application on that order, and lost the substance of this vilification case.”
“At every turn, the system has sided with ideology over biological reality.”
“This is not an isolated case.”
“TRUTH TELLERS ARE BEING BANKRUPTED AND BULLIED INTO SILENCE”
“Since gender self-identification laws came into effect in NSW, over 1,000 men have simply signed a form and become legally recognised as women,” Mr. Shelton continued.
“The same ideology that lets men self-identify into women’s sport, women’s prisons and women’s change rooms is now being used to punish anyone who dares point out the obvious.”
“I know exactly what Kirralie is going through, because I am currently before the courts myself for opposing the sexualisation of children at a taxpayer-funded library event.”
“Truth-tellers across this country are being bankrupted and bullied into silence by these laws.”
LIBERAL AND LABOR POLITICIANS WON’T TOUCH THESE LAWS.”
“Liberal and Labor politicians refuse to touch these laws,” observed Mr. Shelton.
“They have had years to fix these unjust laws and have done nothing.”
“It falls to Family First to be the only party with the courage to repeal this censorship regime, abolish gender self-ID, and restore the right of every Australian to speak the truth without fear of being sued into bankruptcy,” Mr Shelton declared.
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