Women’s advocate Kirralie Smith and her organisation Binary face up to $200,000 in fines after their statements calling male-born soccer players “men” were ruled unlawful vilification under the NSW Anti-Discrimination Act.
A New South Wales court has ruled that calling a person born male a “man” amounts to unlawful vilification, adding to a series of legal setbacks for women’s rights advocate Kirralie Smith.
Two lengthy judgments handed down Tuesday by Deputy Chief Magistrate Sharon Freund focussed on a collection of social media posts Smith made in 2023 about Stephanie Blanch and Riley Dennis — two male-born players who compete in female soccer divisions in NSW.
“I am satisfied that the defendant unlawfully vilified the plaintiff… when she referred to the plaintiff as a male or a man,” Freund wrote in one of the rulings.
Smith, who serves as Director and Spokesperson of Binary Australia, may face penalties of up to $200,000 in fines, mandatory apologies, and compulsory re-education to affirm the idea that men can become women.
The decisions follow last week’s separate Court of Appeal ruling that upheld a two-year apprehended violence order (AVO) against Smith for “harassment” after she posted images questioning male participation in women’s sport. That AVO prevents Smith from posting content identifying Blanch, who is also a plaintiff in one of this week’s judgments.
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Tuesday’s decisions arose from two separate complaints lodged by Stephanie Blanch and Riley Dennis earlier this year. Blanch, who adopted a female identity in 2016, plays for Wingham FC. Dennis, also trans-identifying, is the top goal scorer in Football NSW’s Women’s League One First Grade.
On social media and in emails, Kirralie Smith questioned the fairness of their participation and referred to them as male. One Binary Australia newsletter described Blanch as “a bloke in a frock,” while Smith’s posts highlighted Dennis’s dominant performance, asking why there was a women’s division “if anyone is a woman.”
The court concluded that these statements had the capacity to incite “severe contempt” or “hatred” under section 38S of the Anti-Discrimination Act 1977 (NSW).
The judge ordered Smith and Binary Australia to delete existing content, publish apologies, and create compliance programs to prevent future “vilification.” Failure to comply within two months could result in significant financial penalties.
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