Help protect children from gaming harms.

Take our survey

Please or to access all these features

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:
Thread gallery
6
IbnBattutu · 24/07/2026 14:28

fucks sake

TheywontletmehavethenameIwant · 24/07/2026 16:00

Fucking hell Aus, 1 step forward 2 steps back. 😡

MarieDeGournay · 24/07/2026 16:37

It's a very long judgement, I've just scanned through it quickly. It mostly seems to address claims that the original judge was wrong in fact or in law, and dismisses them all.

When you have a law that says a man is a woman, saying that a man is a man is always going to be dodgy.

Ground 4 in the Dennis summons is as follows:
“Further, her Honour erred in fact and/or law at paragraphs [59] and [60] in holding that the Plaintiff in referring to the First Defendant as a ‘man’ or ‘male’ was vilification, in circumstances that the First Defendant is in fact a biological male.”
[my italics - the above is from the appeal, the following is the ruling:]

This ground misconceives the purpose of the two impugned paragraphs of her Honour’s judgment. Her Honour had already at DLJ [33]-[60] explained why the social media posts were capable of vilification. It was in my view sufficiently clear from those paragraphs that the vilification found proved was on the basis that Ms Dennis is a transgender woman. All her Honour was doing at DLJ [59]-[60] was confirming that the basis of the vilification was Ms Dennis’ transgender status, rather than her race, age or sexuality, for example. There is no basis for granting leave in relation to ground 4 in the Dennis summons, and it is refused.

When you have a law that says that stating the biological fact that a TW is male is 'vilification' of a transgender person, you're in trouble.

'Ms Dennis' was not randomly singled out for 'vilification' because of his transgender status, but because he is a biological male taking part in women's sport, but that' clearly doesn't matter, his feeling were hurt and that's what the entire might of the legal system must rally around..

Ereshkigalangcleg · 24/07/2026 16:39

FFS. Australia is totally captured.

Thehorticulturalhussie · 24/07/2026 16:42

From @MarieDeGournay

Ms Dennis' was not randomly singled out for 'vilification' because of his transgender status, but because he is a biological male taking part in women's sport, but that' clearly doesn't matter, his feeling were hurt and that's what the entire might of the legal system must rally around

The Antipodean Tink then.

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.

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.

TheywontletmehavethenameIwant · 24/07/2026 19:08

"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."

How did the West end up with so many stupid people in it all at the same time. 🤪

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?

UtopiaPlanitia · 24/07/2026 19:29

I hope Kirralie feels up to taking this further, if it’s possible. The Australian judiciary is being very punitive towards her and Sall Grover. The judgements in both their cases feel very much designed pour encourager les autres.

TheywontletmehavethenameIwant · 24/07/2026 19:34

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?

No, that's Maowellian, we've got to make sure we don't give our Judges the power to order such an obnoxious thing. 😱

BettyBooper · 24/07/2026 19:42

Genevieve Gluck posted this:

The $95,000 is insane - but the part where Kirralie is ordered to pin a post written by the court to all of her social media that would be calling herself a bigot?

That's not intended to "shame" her, apparently, that's intended to shut all of us up.

https://x.com/WomenReadWomen/status/2080672039049015572

Genevieve Gluck (@WomenReadWomen) on X

@reduxx @KirralieS The $95,000 is insane - but the part where Kirralie is ordered to pin a post written by the court to all of her social media that would be calling herself a bigot? That's not intended to "shame" her, apparently, that's intended to s...

https://x.com/WomenReadWomen/status/2080672039049015572

sallyluyah · 24/07/2026 19:48

BettyBooper · 24/07/2026 19:42

Genevieve Gluck posted this:

The $95,000 is insane - but the part where Kirralie is ordered to pin a post written by the court to all of her social media that would be calling herself a bigot?

That's not intended to "shame" her, apparently, that's intended to shut all of us up.

https://x.com/WomenReadWomen/status/2080672039049015572

This is terrifying for Australian women. It's terrifying for women everywhere.

PriOn1 · 24/07/2026 19:49

I wouldn’t post that on my social media. I’d rather go to prison.

I hope there is some recourse for this appalling situation. Does anyone know whether further appeal is possible?

BettyBooper · 24/07/2026 19:54

sallyluyah · 24/07/2026 19:48

This is terrifying for Australian women. It's terrifying for women everywhere.

Utterly terrifying. I mean, it's actually insane.

Imdunfer · 24/07/2026 20:07

PriOn1 · 24/07/2026 19:49

I wouldn’t post that on my social media. I’d rather go to prison.

I hope there is some recourse for this appalling situation. Does anyone know whether further appeal is possible?

Just what I was thinking. It's easy for me as I'm not working but I would go to prison before I would apologise for calling someone with a Y chromosome male.

BettyBooper · 24/07/2026 20:16

PriOn1 · 24/07/2026 19:49

I wouldn’t post that on my social media. I’d rather go to prison.

I hope there is some recourse for this appalling situation. Does anyone know whether further appeal is possible?

Agreed.

Absolutely no fucking way.

TheywontletmehavethenameIwant · 24/07/2026 20:38

Maybe she should go one step further and pin a statement to her social media accounts that say "I said what I said". 😂

icingonmycupcake · 24/07/2026 20:39

2026 and Australia is still underpinned by misogyny.

They've just found a more 'acceptable' way of keeping 'Sheilas' in their place.

WrongKindOfFeminist · 24/07/2026 22:53

MarieDeGournay · 24/07/2026 16:37

It's a very long judgement, I've just scanned through it quickly. It mostly seems to address claims that the original judge was wrong in fact or in law, and dismisses them all.

When you have a law that says a man is a woman, saying that a man is a man is always going to be dodgy.

Ground 4 in the Dennis summons is as follows:
“Further, her Honour erred in fact and/or law at paragraphs [59] and [60] in holding that the Plaintiff in referring to the First Defendant as a ‘man’ or ‘male’ was vilification, in circumstances that the First Defendant is in fact a biological male.”
[my italics - the above is from the appeal, the following is the ruling:]

This ground misconceives the purpose of the two impugned paragraphs of her Honour’s judgment. Her Honour had already at DLJ [33]-[60] explained why the social media posts were capable of vilification. It was in my view sufficiently clear from those paragraphs that the vilification found proved was on the basis that Ms Dennis is a transgender woman. All her Honour was doing at DLJ [59]-[60] was confirming that the basis of the vilification was Ms Dennis’ transgender status, rather than her race, age or sexuality, for example. There is no basis for granting leave in relation to ground 4 in the Dennis summons, and it is refused.

When you have a law that says that stating the biological fact that a TW is male is 'vilification' of a transgender person, you're in trouble.

'Ms Dennis' was not randomly singled out for 'vilification' because of his transgender status, but because he is a biological male taking part in women's sport, but that' clearly doesn't matter, his feeling were hurt and that's what the entire might of the legal system must rally around..

Riley Dennis is a huge great enormous bloke. He's a man.

I'm so sorry to see Australia in this position. And find it strange for a country that prides itself on plain speaking.

Bon courage, Kirralie and all Australian women. Darkest before the dawn. Flowers

OP posts:
Mmmnotsure · 25/07/2026 07:17

That statement to be pinned - the modern equivalent of the scarlet letter.

Do judges order that as part of the punishment for any other type of case, or is it only for women who upset trans-identifying males.

MashaPav · 25/07/2026 08:33

Excellent news seeing as how captured the UK and its legal systems are captured by transphobes. At least some common sense is left in the world.

Mmmnotsure · 25/07/2026 09:05

🐿

Helleofabore · 25/07/2026 09:10

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.

Her dismissal of the consequences of her decision was a thing of ‘beauty’.

Let’s never forget she was a qualified lawyer herself.

Helleofabore · 25/07/2026 09:23

BettyBooper · 24/07/2026 19:42

Genevieve Gluck posted this:

The $95,000 is insane - but the part where Kirralie is ordered to pin a post written by the court to all of her social media that would be calling herself a bigot?

That's not intended to "shame" her, apparently, that's intended to shut all of us up.

https://x.com/WomenReadWomen/status/2080672039049015572

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.

Swipe left for the next trending thread