Right: "People's lives are not for me to judge". Israel Folau's comments were made in a spirit of compassion, the player's supporters have said.
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Arguments in favour of Rugby Australia terminating Israel Folau's contract
1. Folau's comments create a negative image of homosexuality and can be viewed as hate speech
Critics of Israel Folau's social media posts who believe that Rugby Australia should terminate the player's contract argue that his behaviour was divisive and likely to promote self-loathing among and antagonism toward those with a homosexual orientation.
Critics of Folau's comments have noted that there is nothing 'loving' about designating homosexuality a sin which will be punished by eternal damnation. They also argue that there is nothing accepting about requiring homosexuals to deny their sexual orientation if they are to be redeemed. Their options, it has been suggested, would be celibacy or a feigned heterosexuality.
New Zealand Catholic Church spokeswoman Dame Lyndsay Freer has argued that Folau's comments are contrary to the spirit of the New Testament. Dame Freer stated, 'That's presenting God as a God of punishment and a God of vengeance, not a God of love, and mercy and compassion. It's dangerous territory when you lump everyone together as sinners and damned because at the end of the day it's God that makes that judgement, not us, and not Israel Folau.
There is such a thing as sin, we're all sinners in some way. But at the end of the day it's not for me or anyone else to condemn a person&'
Commenting on the impact of remarks such as Folau's, Sally Rugg, the executive director of Change-org, has stated, 'I'm a millennial, but people my age and older than me grew up hearing that homosexuality was an illness, a crime and a sin against God. Because of this stigma, discovering who we were and who we would one day love was, for some, an insurmountable terror. For me, when I realised, as a teenager, I was a lesbian I felt like I had cancer.'
The Anglican Bishop of Grafton, the Right Reverend Dr Murray Harvey, has argued that free speech should not be used to vilify others. Bishop Harvey stated, 'I think there's a difference between free speech and sometimes that can go over the borderline into hate speech.'
Bishop Harvey further stated, 'I'd like [Folau] to just to rethink some of his comments because when free speech starts to threaten other people or make other people feel unsafe or undervalued, then that kind of stuff becomes hate speech in my view& Threatening people in this way [with damnation] cannot be disguised as protected religious activity if it was then things like ethnic cleansing could be justified on religious grounds as having divine approval.'
Bishop Harvey concluded, 'I challenge [Israel Folau] to think how he could be a really positive role model for the Christian faith and attract people to the Christian faith if you want to do that I don't think the kinds of messages that he's been sending out is the place to start.'
2. Folau's comments are in breach of his contract as they violate Rugby Australia's Code of Conduct
Opponents of Israel Folau remaining with Rugby Australia claim that his behaviour has been in breach of the association's Code of Conduct. The Code states that all players must 'Treat everyone equally, fairly and with dignity regardless of gender or gender identity, sexual orientation, ethnicity, cultural or religious background, age or disability. Any form of bullying, harassment or discrimination has no place in Rugby.'
Critics of Folau's comments, wherein he presented homosexuality as a sin, equivalent to theft and drunkenness and likely to cause those who did not turn from it to suffer eternal damnation, claim that this is completely outside the values of a code which seeks to treat all sexual orientations with 'dignity'.
The Rugby Australia Code of Conduct also requires that all players 'Do not make any public comment that is&likely to be, the subject of an investigation or disciplinary process; or otherwise make any public comment that would likely be detrimental to the best interests, image and welfare of the Game, a team, a club, a competition or Union.'
Critics of Folau's media posts claim that these were 'public comment&likely to be detrimental to the best interests, image and welfare of the Game&'
Regarding social media use, the Code further states, 'Use Social Media appropriately. By all means share your positive experiences of Rugby but do not use Social Media as a means to breach any of the expectations and requirements of you as a player contained in this Code or in any Union, club or competition rules and regulations.'
Those who argue that Folau's behaviour has violated Rugby Australia's Code of Conduct claim that his use of social media was similarly inappropriate.
On May 7, 2019, Rugby Australia issued a media release referring to the finding of the Code of Conduct hearing into Folau's conduct. The release stated, 'The Code of Conduct hearing in the matter of Israel Folau has concluded in Sydney today. A panel of John West QC (Chair), Kate Eastman SC, and John Boultee AM presided over the three-day hearing which commenced on May 4. The panel has today provided a judgement that Israel Folau committed a high-level breach of the Professional Players' Code of Conduct with his social media posts on April 10, 2019.'
3. Folau's conduct, including his social media posts, reflect on his employer, Rugby Australia
Opponents of Israel Folau's social media comments regarding homosexuality argue that he is not able to dissociate his views from those of the sporting code for which he plays. According to this point of view, all players are representatives of their codes and the clubs for which they play. If their personal beliefs do not coincide with those of their employing body, they should not broadcast those personal beliefs. If they do publicly disseminate their contrary private beliefs, they should expect to be sacked.
Rugby Australia's chief executive officer, Raelene Castle, has made plain the quandary Folau has created for the organisation through his comments. Castle has stated, 'Israel's comment reflects his personal religious beliefs; however, it does not represent the view of Rugby Australia or NSW Rugby. We are aligned in our view that rugby is a game for all, regardless of sexuality, race, religion or gender, which is clearly articulated in rugby's inclusion policy.
We understand that Israel's comment has upset a number of people and we will discuss the matter with him as soon as possible.'
Castle later expanded on Rugby Australia's position and its consequences for Israel Folau. Castle stated, 'Whilst Israel is entitled to his religious beliefs, the way in which he has expressed these beliefs is inconsistent with the values of the sport. We want to make it clear that he does not speak for the game with his recent social media posts.
Israel has failed to understand that the expectation of him as a Rugby Australia and NSW Waratahs employee is that he cannot share material on social media that condemns, vilifies or discriminates against people on the basis of their sexuality.
Rugby is a sport that continuously works to unite people. We want everyone to feel safe and welcome in our game and no vilification based on race, gender, religion or sexuality is acceptable and no language that isolates, divides or insults people based on any of those factors can be tolerated.'
Castle concluded by indicating that Folau's publicly stated beliefs, at variance with Rugby Australia's values, meant that he could not remain as a representative of the game. Castle indicated, 'As a code we have made it clear to Israel formally and repeatedly that any social media posts or commentary that is in any way disrespectful to people because of their sexuality will result in disciplinary action.
In the absence of compelling mitigating factors, it is our intention to terminate his contract.'
The same problem exists regarding Folau's relationship with his individual sponsors and with Rugby Australia's relationship with its sponsors for so long as it continues to employ Folau.
On May 9, 2019, it was announced that Folau has lost his contract with his personal sponsor ASICS sportswear. The company stated, 'ASICS is dedicated to sport and its healthy contribution to society. We believe sport is for everyone and we champion inclusivity and diversity. While Israel Folau is entitled to his personal views, some of those expressed in recent social media posts are not aligned with those of ASICS. As such, our partnership with Israel has become untenable and he will no longer represent ASICS as a brand ambassador.'
The public stances taken by players also have implications for their employers regarding sponsorship. Sponsoring companies financially support a club or a code because the qualities that the sporting body represents coincide either with the image of a product the company manufactures or because the sporting body supports values that the company also endorses.
The impact upon a club or code of a player promoting divergent views from those of a sponsor can be seen with Qantas. Qantas strongly supports gay rights and gay inclusion. When Israel Folau made similar homosexuals and hell comments in 2018, it was reported that Qantas was re-evaluating its sponsorship of the Wallabies. Qantas warned Rugby Australia, 'As a sponsor of Rugby Australia, we're supportive of their approach towards tolerance and inclusion, which aligns with our own. We've made it clear to Rugby Australia that we find the comments [made by Israel Folau] very disappointing.'
4. Folau has been warned about previous homophobic posts
Critics of Israel Folau's comments regarding homosexuals and hell argue that he has been warned of the inappropriateness of such remarks in the past and therefore his repeat misconduct deserves the termination of his contract.
A year ago, on April 4, 2018, Folau replied to an Instagram post asking what God's plan for gay people was with, 'HELL... Unless they repent of their sins and turn to God.'
The exchange was picked up and shared on Twitter before going viral around the world. A Rugby Australia spokesman said Folau had deleted the comment, although it was still visible on part of Folau's profile on Wednesday afternoon.
Rugby Australia claims that it reached an understanding with Folau regarding the inappropriateness of what he had written. On April 10, 2018, Rugby Australia's chief executive officer, Raelene Castle was reported claiming, 'Israel acknowledged that maybe he could have put the positive spin on that same message and done it in a less disrespectful way. He understands he has caused some people some grief over this. Rugby Australia has got a policy of inclusion and using social media with respect. We shared stories, ideas and positions and both of us recognise that what we want is a situation where we use our social media platforms in a respectful and positive way.'
On April 15, 2019, Rugby Australia repeated its claim that it had come to an understanding with Mr Folau the year before that his use of social media would abide by the association's policy of inclusion and not be disrespectful to people about their sexuality.
Castle stated, 'It's very disappointing from my perspective because I had a very direct and specific conversation with [Israel Folau] about the expectations that I had. He accepted that conversation, he said that he understood that conversation, he shook my hand at the end of that conversation, said that he was very clear of it, and yet he has gone off and done what he's done.'
Castle has further stated, 'It was made clear to Israel in writing and verbally when I met with him last year that any social media posts or commentary that in any way were disrespectful to people because of their sexuality would result in disciplinary action. Despite this Israel has chosen to ignore this warning.'
Castle acknowledges that there were no extra clauses added to Folau's four-year contract signed earlier this year that related to his social media use; however, she has noted, 'there was a number of meetings, documented meetings, that were put ... verbally and in writing to Israel about our expectations.'
5. Folau' s comments endanger the lives and wellbeing of homosexual young people
Opponents of Israel Folau's views, who believe a stern stance must be taken against high-profile public figures making derogatory statements regarding homosexuality, have stressed the psychological damage such comments cause.
On May 5, 2019, The Sydney Morning Herald published comments by Ian Roberts, Australia's first openly homosexual rugby league player. Roberts stated, 'I do feel sorry for Israel but there are consequences to [his] actions. I don't say this lightly and what I'm about to say, the language I use is hard and it's for a point, it's to get that message across. There are literally kids in the suburbs killing themselves.'
Roberts went on the explain that remarks such as Folau's could lead young people depressed and uncertain about their sexual orientation to contemplate suicide. Roberts stated, 'I say that with the greatest sense of respect and I'm not implying that Israel is responsible solely for that - please don't take it that way - but it's these types of comments and these types of off-the-cuff remarks when you have young people and vulnerable people & who are dealing with their sexuality, confused, not knowing how to deal with it. These types of remarks can and do push people over the edge. There can't be any tolerance of bigotry.'
Roberts further outlined the prevalence of suicide among homosexual young people. He stated, 'LGBTIQ people [are] five-times more likely to die of suicide than the general population. Sixteen per cent of LGBTIQ people, before the age of 27, have attempted suicide twice.'
On April 19, 2018, in response to earlier comments Israel Folau had made about homosexuals, The Conversation published a comment by Dr Ryan Storr, a lecturer in Sport Development, Western Sydney University. The comment is titled 'Israel Folau's comments remind us homophobia and transphobia are ever present in Australian sport'. Dr Storr stated 'Many teenage boys and young men may look up to sporting stars like Folau. This is concerning when evidence from across the globe and in Australia shows teenage boys and young men are most likely to discriminate against the LGBT+ community&
Simply ignoring Folau's comments is problematic. For many LGBT+ young people negotiating their sexuality or gender identity, especially in rural areas, they cannot readily just switch off or ignore the comments. In 2010, Australian research found that in sport and physical education, homophobic bullying, specifically verbal abuse, was closely associated with poor mental health and well-being in LGBT+ young people.'
All Blacks star TJ Perenara, posting on social media, has commented similarly. Perenara stated, 'As professional rugby players, whether we like it or not, we are role models for a lot of young people. Notably, young Maori and Pasifika people.
You don't need to look far to know that young Maori/PI are overrepresented in youth suicide statistics and, as I understand it, even more so when you look to those who are part of the Rainbow community. Comments that cause further harm cannot be tolerated.'
Perenara concluded, 'Let it go on record that I am 100% against the comments that were made by Israel. It was not ok to say that. It's not an attitude I want to see in the game I love. There is no justification for such harmful comments.'