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Further implications
The manner in which the conflict between Rugby Australia and Israel Folau will finally be resolved is not certain. The Code of Conduct hearing in May 2019, found that he had committed a high-level breach of Rugby Australia's professional players' code of conduct and so faces the termination of his contract.
A three-person independent panel is yet to hand down its punishment for Folau, but it seems likely they will endorse Rugby Australia's intention to terminate the multi-million-dollar contract. Regardless of the verdict, Folau is almost certain to appeal the decision, meaning another code of conduct hearing will take place. Folau's team and Rugby Australia will now provide written submissions to the panel with their view on what the punishment should be.
There has been no deadline confirmed on when the submissions must be handed in or when a verdict will be handed down. If Folau loses again, the matter could be taken to the courts and Folau and his legal team have indicated they will potentially take the matter to the High Court in the event of adverse findings.
Further legal judgements are likely to revolve around financial compensation rather than reinstatement as Folau's career with Wallabies appears effectively over. Wallabies coach, Michael Cheika, has indicated that he would not pick Folau. However, his Super Rugby coach, Gibson, has not explicitly said Folau would be banished from the Waratahs if there was an avenue for him to return.
Whatever the decisions taken by the respective coaches of the Wallabies and the Waratahs should Folau's contract not be terminated, the issue will also be affected by the attitudes of his teammates. Several Wallaby players have indicated they may boycott the team if Folau is allowed to return. Wallaby halfback, Will Genia, has stated, 'There are blokes at the Wallabies and the Waratahs that have certain beliefs that very much conflict with what he has said and done. I certainly think it makes it a bit uncomfortable for people within those team environments to relate to him and, moving forward, even to play with him.'
On the other hand, 2018 Super Rugby rookie of the year, Taniela Tupou, who shares a Tongan heritage with his Wallabies teammate, Folau, has posted an angry comment on Facebook. Tupou stated, 'Seriously ... Might as well sack me and all the other Pacific Islands rugby players around the world because we have the same Christian beliefs.'
Rugby Australia's new director of Rugby, Scott Johnson, has indicated his determination to achieve an inclusiveness that accommodates all groups - those seeking to defend the sensitivities of gay players and supporters and those with strong religious convictions that see homosexuality as a sin. Accommodating both groups may be very difficult.
On the political front, Labor leader, Bill Shorten, has expressed his unease with Folau suffering an employment penalty for his religious beliefs.
In December 2018, the federal government announced that it plans to provide better protection from discrimination based on religious belief. The proposed legislation would help prevent prejudice against people based on their religious faith much like current laws covering race and sexuality. Should this go ahead after the May 18, federal election, the result is likely to be an intensification of the stand-off between freedom from discrimination based on sexual orientation and freedom from discrimination based on religious belief.