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Feminism: Sex and gender discussions

Australia - Kirralie Smith loses her appeal

56 replies

WrongKindOfFeminist · 24/07/2026 14:11

https://www.caselaw.nsw.gov.au/decision/19f8d228d3ac8e4fa7995cb1

'The damages etc remain, but there were some changes to the District Court's orders.'

This was an appeal of this decision:

https://www.starobserver.com.au/news/anti-trans-activist-kirralie-smith-ordered-to-pay-almost-100k-issue-public-apology-following-vilification-ruling/239923

Smith v Blanch; Smith v Dennis - NSW Caselaw

https://www.caselaw.nsw.gov.au/decision/19f8d228d3ac8e4fa7995cb1

OP posts:
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6
Kucinghitam · 25/07/2026 09:42

Helleofabore · 25/07/2026 09:23

Justice Belinda Rigg’s ruling demands that the statement “should remain visible for a period of three months,” and that the purpose of the public statement is “not to stigmatise or shame” 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. “It being posted for a period that will expose its contents to a meaningful number of [Smith’s] followers, including those who recall the impugned posts and the responses thereto, or who responded themselves, is capable of further redressing damage.”

This is seriously chilling.

It is a ridiculous instruction.

It's this, but this time it's Righteous, mm'kay?

Australia - Kirralie Smith loses her appeal
damemaggiescurledupperlip · 25/07/2026 09:53

I think every Australian female must have the right to claim refugee status here, surely?

GargoylesofBeelzebub · 25/07/2026 09:59

Absolutely shocking. would go to prison too rather than pin a lie of a statement to my social media.

I hope this will wake up people in Aus as to what exactly Julia Gillard did to the laws there.

Justme56 · 25/07/2026 10:07

Wasn’t there a report last week that since self ID became a thing in NSW (July 25), 3 men a day have changed their legal gender? Not sure if it was 3 men or 3 people a day. I am of the assumption that males in sports and female spaces is going to get much worse.

BeKindWisely · 25/07/2026 10:20

This is so shocking! Terrifying.

Does it say anywhere what the actual statement would be?

Helleofabore · 25/07/2026 10:38

Justme56 · 25/07/2026 10:07

Wasn’t there a report last week that since self ID became a thing in NSW (July 25), 3 men a day have changed their legal gender? Not sure if it was 3 men or 3 people a day. I am of the assumption that males in sports and female spaces is going to get much worse.

I think it was 3 men a day.

Igmum · 25/07/2026 13:11

UtopiaPlanitia · 24/07/2026 16:43

Julia Gillard's changes to the Sex Discrimination legislation are making Australia a tough place for women to claim legal recognition of their sex-based rights.

Gillard is travelling the world, dining out on her reputation as the first female PM in Australia, while her fellow Aussie women are being denied safety and recognition in law.

This 👆💯

The courts only interpret the law and JG changed the law. In the UK appeals worked because women still had legal rights, you just needed to find a judge senior enough to be sensible. In Australia where the law itself privileges men who call themselves women what can women do? I am so thankful we never got to that point here.

Ereshkigalangcleg · 25/07/2026 15:07

Kucinghitam · 25/07/2026 09:42

It's this, but this time it's Righteous, mm'kay?

Absolutely. Fucking hell.

Turmericisfashionable · 25/07/2026 16:08

If she refuses to post the apology, I suppose she'll be looking at either a large fine or imprisonment, for contempt of court.

BendoftheBeginning · 25/07/2026 16:17

I’m afraid the given the law in Australia, all she can do is willingly go to prison to shame Australian legislators into correcting their folly.

Heggettypeg · 25/07/2026 16:30

This is exactly the kind of non-violent conscience-based case that Amnesty should be supporting. Instead, they've decided to join forces with the ideological witch hunters.

Turmericisfashionable · 25/07/2026 16:48

I wonder whether she'll be forced to go to a women's prison which has transwomen prisoners in it.

Ereshkigalangcleg · 25/07/2026 17:25

Heggettypeg · 25/07/2026 16:30

This is exactly the kind of non-violent conscience-based case that Amnesty should be supporting. Instead, they've decided to join forces with the ideological witch hunters.

Exactly.

Barkingmarie · 25/07/2026 17:26

Can Ms Smith appeal on the basis that the three month post seems vindictive and indicative of a particular mind set in the judge that is nothing to do with justice?

MarieDeGournay · 25/07/2026 17:47

Barkingmarie · 25/07/2026 17:26

Can Ms Smith appeal on the basis that the three month post seems vindictive and indicative of a particular mind set in the judge that is nothing to do with justice?

[Oh hello, I've just noticed your username - another Marie - and I've sometimes been called Barking too😄]

I still haven't read through the ruling more carefully, but I got the impression that the judges [original+appeal judges] thought that serious 'harm' had been done to Dennis - intimidation, distress, shaming, name-calling by strangers, emotional injury, etc etc.

They didn't think that it was just a case of KS expressing an opinion, they decided it was personal and insulting to Dennis.

For instance, calling him a 'bloke in a dress' was mentioned as being beyond the limits of reasonable debate.

That's a bit Bananarama, isn't it? because I got the impression that simply saying 'Ms Dennis is a man' is 'vilification' in and of itself, so KS could have couched her opinion in the form of a Petrarchan Sonnet and it still would have been 'vilification' and therefore illegal.

So the apology and the post staying up for 3 months seem to be considered appropriate to match the level of embarrassment and distress caused to Dennis - if it's difficult and embarrassing for KS, that's the whole point.

I am not defending any of this I'm just trying to understand the judge's point of view, which seems to be more to do with compensating Dennis for 'vilification' than what KS believes.

The other thing I noticed about the ruling was that a lot of it was looking at specific points in the appeal, which claimed that the original judge had erred in law or misinterpreted it, and there was a long succession of 'no s/he didn't's = appeal dismissed.

As PPs have said, that's what comes of using an ideological instead of a biological definition of 'woman' in legislation.
Saying Dennis is a man is wrong in law, the law says he is a woman, and denying that, especially publicly and with strong words, is 'vilification' under the local laws, so I guess the appeal judge's hands were tied.

Weeellokthen · 25/07/2026 17:55

Kiralee, or whatever her stupid name is, is not a good person. This cause may be worthy but she's also a racist homophobe.

TheywontletmehavethenameIwant · 25/07/2026 18:01

Weeellokthen · 25/07/2026 17:55

Kiralee, or whatever her stupid name is, is not a good person. This cause may be worthy but she's also a racist homophobe.

Yes, yes, we know, nobody is supporting her, or what she's said, just her right to say it. Do keep up.

"Liberty lies in the rights of that person whose views you find most odious" JS Mills

Helleofabore · 26/07/2026 21:04

Weeellokthen · 25/07/2026 17:55

Kiralee, or whatever her stupid name is, is not a good person. This cause may be worthy but she's also a racist homophobe.

Umm… are you sure you want to label
the name ‘Kirrily’ a ‘stupid name’

https://nameberry.com/b/girl-baby-name-kirrily

Seems like you are not making the moral point you probably supposed you were. I cannot imagine calling Kirrily a stupid name and feeling righteous about it.

Kirrily - Baby Name Meaning, Origin, and Popularity

Kirrily is a girl's name of Aboriginal, Maori origin meaning "tree bark or leaf".

https://nameberry.com/b/girl-baby-name-kirrily

RoyalCorgi · 26/07/2026 21:28

Turmericisfashionable · 24/07/2026 16:51

From a Greens spokeswoman in the Australian parliament:
“Gender is very simply not binary. Research shows that biological sex is not binary either. Biology is as complicated as it is beautiful,” she said.

"And if you don't agree, we will use every method possible including the law to persecute you until you do agree. How many fingers am I holding up, Winston?"

Helleofabore · 26/07/2026 21:38

Helleofabore · 26/07/2026 21:04

Umm… are you sure you want to label
the name ‘Kirrily’ a ‘stupid name’

https://nameberry.com/b/girl-baby-name-kirrily

Seems like you are not making the moral point you probably supposed you were. I cannot imagine calling Kirrily a stupid name and feeling righteous about it.

Of course, Kirralie is an alternative spelling for Kirrily.

Turmericisfashionable · 26/07/2026 22:17

Helleofabore · 26/07/2026 21:01

https://x.com/woods1278/status/2081413624396951817?s=46

this tweet has the text for the message that Kirrily needs to post.

Not if you're not on X. There's a tweet, but it doesn't include the wording for the apology.

mrshoho · 26/07/2026 23:02

BettyBooper · 24/07/2026 19:24

I read earlier that KS has to put up a public apology that is to stay up for 3 months. Can't find it now, but wtf?

That is appalling. I'm sick to my stomach over this. May as well have handed her a tabard of shame to be worn in public.