On July 24, the Supreme Court of New South Wales ordered women's rights advocate Kirralie Smith to pay $95,000 in damages — $55,000 to Nicholas "Stephanie" Blanch and $40,000 to Justin "Riley" Dennis — for the crime of referring to two biological males as men.
Justice Belinda Rigg upheld the ruling.
Smith, a spokeswoman for Binary Australia, had committed the offense of publicly questioning why two biological males were competing in NSW Women's League One First Grade football. Her social media posts between January and March 2023 referred to Dennis as a "top male goal scorer" and Blanch as a "bloke in a frock." The court ruled this constituted "unlawful vilification" under Section 38S of New South Wales' Anti-Discrimination Act.
Dennis was the top scorer in the women's league. On May 21, 2023, Dennis injured a female opponent with a tackle so aggressive the player had to leave the pitch after eight minutes. In 2022, a female player had her leg broken in a match involving a male-bodied competitor. Both Dennis and Blanch played for the Flying Bats, an LGBT club that posted a 17-game winning season with 76 goals scored and only 8 conceded in 2024. The team went undefeated.
Smith's campaign generated over 12,000 letters and more than 2,000 grievances to Football Australia. "How can girls, women, and families feel safe when they are not even permitted to question the presence of a man in their space or on the field?" Smith wrote. "Why should parents be put in the terrible situation of having to deal with an adult man in their daughter's bathroom?"
The NSW Civil and Administrative Tribunal initially rejected the complaint in January 2024. Then it was appealed. Then a magistrate granted an Apprehended Violence Order against Smith in March 2024. Then the Supreme Court upheld the damages. If Smith fails to publish a court-mandated apology — pinned to her social media for three months — she faces an additional $40,000 penalty.
A woman is being financially destroyed for describing biological reality in a country that supposedly values free expression. The legal infrastructure now exists in New South Wales to bankrupt anyone who publicly identifies a male athlete competing in women's sports as male.
Smith posted after the ruling: "I have cried a lot today... Two female soccer players were hospitalised over the weekend after being forced to play against a male appropriating womanhood." She plans to appeal.
