Court Decides I’m Guilty of Vilification: $95,000 in Damages and Contradictory Orders
You probably know by now that my penalty for being guilty of “unlawful vilification” has been handed down.
In summary, it’s $95,000 in fines which will double if I don’t pay in 28 days.
The orders also state I need to undertake some contradictory actions.
Firstly, I am to remove any posts or references to the two male players in female sport. I am not to name them or refer to them in future posts.
Secondly, I am to pin a post to all socials and the website, worded and ordered by the court, that names both of them. It is basically a confession that I am guilty of vilifying them by referring to them as males.
How can I do both?
I Will Appeal Vilification Ruling
I will be putting in a notification to the courts to of my intention to appeal the decision asap.
These cases are designed to have a chilling effect on you.
Free speech is at stake, and truthful speech is being punished.
I can’t really comment further on specifics, but I want you to know your support, your voice and your action are invaluable to me. Thank you!
I also want to state I did not ever go to a game, encourage others to go or make any “call to arms” to injure or harm anyone. There are so many issues of contention in the cases it is ridiculous and I will be including them in my appeal. The lack of evidence for some of the claims now stated as fact are very concerning.
It was Football NSW and a local football club that publicly posted their information, I simply reshared it.
Concern for Freedoms including Free Speech
I will say it is supremely disappointing that the word ‘woman’ has been redefined to include males and that the words ‘violence’ and ‘vilification’ have been applied to speaking the truth about information in the public domain.
Australians should be very concerned about their freedoms.
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.
Even though sex is mentioned as a protected attribute in the Sex Discrimination Act, there is also a comma and the words ‘gender identity‘ inserted as another protected attribute.
They are in direct opposition to one another.
Sex relies on biological reality, while gender identity denies biological reality.
In elite circles like left wing political leaders and the judiciary, the appetite is almost exclusively only to protect gender identity.
It cannot be defined or measured and it basically erases women from law.
They don’t want you to object or give examples of how rampant this already is in Australia.
I am contacted every week by people who have been confronted with males in female spaces, sport and services.
Yet they all feel too intimidated, gaslit and threatened to speak out.
I get it, no one wants to go to court to defend reality. No one wants to take on the big boys who seemingly hold all the power when it comes to free speech and truth speech.
I know firsthand the emotional and physical toll and the financial drain of being embroiled in these legal battles.
It is harrowing, but necessary.
Males Don’t Belong in Women’s Sports
Males should never be permitted to participate in female sport. As a registered third-party political campaigner and as a woman, I should have the right to advocate for this without being penalised.
This decision, along with the High Court Appeal for the apprehension of violence order being denied, sets a precedent that all journalists, politicians and political advocates must take note of.
They could be subject to the same punishment and restrictions if they chose to identify males in female sport or spaces.
In the US and around the world the dreadful images of Iman Khelif punching women in the head during the Olympics, William “Lia” Thomas winning swimming competitions and Gavin “Laurel” Hubbard standing on a women’s podium for weightlifting, resulted in the fantastic actions getting some men out of women’s sport.
Imagine if we had never seen their images or read their names in reports. They would still be getting away with it. Perhaps if they want to keep competing they should all move to Australia where they will enjoy limitless protections and their opponents will be punished?
The law in Australia might state men can be women, but it defies the laws of nature and cannot be sustained. Eventually, the laws will reflect reality again, but until then, we cannot relent.
Nothing will steal my joy in knowing that I am a woman and no male ever will be.
I am proud to stand for truth and reality.
Thank You for Standing with Me
I want to say a massive thank you to all who have proven they will not be chilled by the ideologue.
Thousands of messages of support and financial donations have cemented my resolve.
I am so encouraged by the fact ordinary Australians are fighting to help stop me losing my family home for the sake of gender ideology.
I feel tremendously blessed and at peace to keep going.
I am so grateful to each person who has refused to succumb to the chilling effect and is standing with me.
Editor’s note: To financially support Kirralie in her legal case, donate here.
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Originally published as “$95,000 in damages and contradictory orders” thanks to Binary Australia, with additions inserted from a Binary Australia email newsletter. Image via Kirralie Smith/X.
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Its so grievous what has become of Australia when something like this can happen. I sometimes feel ashamed of being Australian. Kirrily you are a heroine. May you be vindicated and even compensated.
PRAY, PRAY, and keep PRAYING for ALL evil to be exposed and its grip loosed off this nation! And pray for breakthrough in Kirrily’s case, delivering her from entrapment. Declare Isaiah 29:20-21.
So one can punish someone, be “violent” toward them, intimidate, threaten and gaslight them, to the point where they have to pay up and lose their home (and perhaps their career), that’s ok, but if you say that a man cannot be a woman, that’s unforgivable. So it’s ok to hate, but not speak the truth, or speak what you think, or all hell will be unleashed.
And can anyone prove the claim that they identify as a women, though they have male parts? Can they prove that they feel like a women and are not just lying to get into women’s bathrooms? Should they not have to prove what they believe before one can be penalised by the law?
Similarly, should not one have to prove they are offended, and not just lying in saying they are, before one is fined for saying something offensive?
Why is it automatically accepted that what one is saying is the truth in this area, and in everything else one has to have evidence to back their case?
It means that if one or more do not like what someone says, they can lie and say they are offended, and the other is penalised. Or one can lie and say they identify as a female, and the one “misgendering” gets punished.
What if I identify as a cat, and someone calls me a man? Can I have them charged with misspeciating me?
And how does the game work? You identify yourself as something, but you can’t identify someone else as something? I as a male can say I am a female, but if someone else does it, I can’t say they are a male? We can only make up truth for ourselves and not others? Oh, we can say that they are vilifying or being violent, we can make that up, but we can’t make up what “gender” they are. There are rules it seems.
Imagine kids in school were a group play a game, and you have to join in the game, else you are punished. And they have the teachers on their side, and if you don’t play the game of pretend, you will have detention. Or be suspended, or expelled. Where’s the tolerance in that? And that *is* what is going on. Petend that Peter, now Lucy is a female, play the game, or you will be penalised. They have had the authorities write it into the law that everyone has to play the game.
How did these “kids” manage to gain that much power over the “playground” or “school” (nation)? It’s bewildering.
Remember, little David defeated big Goliath! And not in his own strength –
“Then David said to the Philistine, “You come to me with a sword, with a spear, and with a javelin. But I come to you in the name of the Lord of hosts, the God of the armies of Israel, whom you have defied. 46 This day THE LORD WILL deliver you into my hand.
1 Samuel 17 vv 45 & 46.
Thank you Kiralee Smith for your tremendous courage in standing for what is the plain and objective truth.of this whole matter. We are what our genes dictate. Every single cell of our bodies carries that information. No amount of surgery, chemical intervention, or personal preference can ever change that.
If the Sex Discrimination Commissioner can’t define “Sex”
(https://www.binary.org.au/the_sex_discrimination_commissioner_can_t_define_sex), how can an Act about Sex Discrimination be possible, and how can someone hold down the position of Commissioner relevant to that Act? The Commissioner claims that she is not a Scientist, so she cannot answer the question asked of her. Is it not her responsibility to seek expert counsel?
Also; https://www.malcolmrobertsqld.com.au/questioning-the-commissioners/
If scientifically biology cannot define ‘sex’ as being Male and Female, then does it not follow that there can be NO Male/Female persons, so there should be no talk about ‘transitioning from one to the other. There should be no law concerning discrimination, and so the position of Commissioner would not be required.
What court is this? In the judgement of Heydon J of the High Court of Australia, His Honour pointed out the importance of freedom of speech, quoting Lord Steyn in R v Secretary for Home Department; Ex parte Simms at 126:
Freedom of expression is, of course, intrinsically important; it is valued for its own sake. But it is well recognised that it is also instrumentally iimportant. It serves a number of broad objectives. First, it promotes the self-fulfillment of individuals in society. Secondly, in the famous words of Holmes J (echoing John Stuart Mill), ‘the best test of the truth is the power of the thought to get itself accepted in the competition of the market. Thirdly, freedom of speech is the likelihood of democracy. The free flow of information and ideas informs political debate. It is a safety valve people are more ready to accept decisions that go against them if they can in principle seek to influence them. It acts as a brake on the abuse of power by public officials. It facilitates the exposure of errors in the governance and administration of justice of the country.
This case and its absurdness leave me bewildered.
Firstly (and as Dave has commented above), the plaintiff has claimed to being ‘hurt’ by being mis-gendered, but what evidence (or proof) was provided to support this allegation? Was the plaintiff lying? How serious was that ‘hurt’? Was the plaintiff a person with a serious mental disorder?
Secondly, even if there was any substance in this ‘hurt’ suffered, then was Kirralie’s penalty in the keeping with her ‘crime’?
In contrast, I consider the last 2 years of events against the Jewish community where protest marches, acts of vandalism, graffitied obscenities, hate-preaching and threats of terrorism have been aimed at them by others to the point where this community is fearful for their safety and some families have even moved to Israel. Yet, the State and Federal governments and law enforcement agencies have turned a blind-eye to their plight while the perpetrators have largely gone unpunished.
The Court which handed down this penalty against Kirralie for telling the biological truth needs a reality check. It would never pass the pub test and it’s not in keeping with the community’s expectations.
Kirralie – please remember the Lord will not be mocked. Our prayers are with you.
Thank you for making such a courageous stand, Kiralee. I am sure before God you are seen a righteous and without fault, as you have made a stand for truth and the word of God, as Genesis says: ‘He made them male and female.’
Our society has come such a long way from its Christian roost and the Constitution also. May we return to what God intended for us and may children be protected in schools and adults too, as this court battle rages.
May God continue to protect and give you His word as He promises . ‘When they deliver you up, I will give you the words to speak’.