Rugby Australia tear up Israel Folau contract

The social media landscape for athletes around the world has forever changed after Israel Folau was sacked for posting religious material deemed as vilification against the gay community.

• Gay teams applaud RA’s stance
• Real cost of the Folau firestorm
• Folau refused chance to save career
• Folau’s dangerous call to arms

The social media landscape for athletes around the world has forever changed after Israel Folau was sacked for posting religious material deemed as vilification against the gay community.

Folau and his legal team are expected to take the matter to the Supreme Court or even the Federal Court, so this saga is far from resolved, but the decision by a panel on Friday to axe his $4 million contract will be used as precedent for every sporting organisation henceforth.

Sportspeople in Australia and abroad now have a clear case of delineation between religious expression that is acceptable in public, as opposed to expression that vilifies and brings sport into disrepute.

The Instagram post that got him in strife

Folau, who has always maintained he did not post the Instagram meme — which said homosexuals and other sinners were destined for hell — with any malice, has paid the ultimate price, and one of the great sporting careers in Australian history is finished.

The exceptionally gifted three-code star will miss this year’s World Cup and never play for the Wallabies again, a realisation that left the 30-year-old saddened and frustrated.

“I am deeply saddened by today’s decision to terminate my employment and I am considering my options,” Folau said.

“As Australians, we are born with certain rights, including the right to freedom of religion and the right to freedom of expression.

“The Christian faith has always been a part of my life and I believe it is my duty as a Christian to share God’s word.

Israel Folau says he is deeply saddened by Rugby Australia’s decision.

“Upholding my religious beliefs should not prevent my ability to work or play for my club and country.

“I would like to thank my wife Maria for her love and encouragement to stay true to our beliefs. We have been humbled by the support we have received from family, friends, players, fans and the wider community.

“Thank you also to those who have spoken out in my defence, some of whom do not share my beliefs but have defended my right to express them.”

The decision of the three-person panel - John West QC, Kate Eastman SC and John Boultbee AM - to terminate Folau’s contract, having already found him guilty of a high-level breach of RA’s professional players’ code of conduct, largely vindicated Rugby Australia’s landmark decision.

Israel Folau has had his contract torn up. Picture: Matt Roberts/Getty Images

Rugby Australia boss Raelene Castle said Folau had left them with no other option but to sack him, stressing the player had created the issue by positing anti-gay material for a second time in 12 months.

“Mr Folau knew that when he pressed that button, the implications that was going to have,” Castle said.

“This is a decision that will change the landscape for sport in Australia and perhaps internationally.

“The tribunal were the best possible experts in this field that we could put together and they have spent a lot of time to ensure they get this right, because it will be landmark.”

Castle denied Folau’s claims during his hearing that he was never specifically told what he could and could not post on social media, having argued that his meme was merely rehashing Biblical scripture, despite being warned after a similar post in 2018.

Rugby Australia chief Raelene Castle addresses the media when making the Israel Folau decision. Picture: Saeed Khan/AFP)

“We had multiple conversations, myself directly with Mr Folau and also through his manager (Isaac Moses), and certainly set out our expectations. That was certainly the submission we made to the tribunal, and it’s on that submission that he is found to have his contract terminated,” Castle said.

“We understood that the posts Israel made did create some concern among a portion of our community and did create some harm, and we had to stand up for our values,” Castle said.

“I do believe our processes have stood up, our actions have stood up, and the tribunal’s outcome has met termination as well.”

But RA’s bungled process has also been exposed throughout this case.

After Folau had signed his four-year contract extension last year, RA sent him an additional letter with social media clauses that he refused to sign, so his original contract stood.

Israel Folau speaks at The Truth of Jesus Christ Church where he revealed the impact of the controversy surrounding it. Picture: Facebook

However, under the players’ collective bargaining agreement, any additional clauses inserted into his individual contract would have also required approval from the Rugby Union Players’ Association.

“We can’t just insert clauses whenever we feel like it. Even if we had a clause, who knows where this could have gone from a legal perspective?” Castle said.

“To say it’s a very short, cut-and-dried issue is not accurate.”

Castle contacted Christian players across the country before fronting media on Friday, assuring them that they could express their faith and beliefs so long as they did not vilify others in the community.

The Wallabies’ major sponsor Qantas applauded RA’s actions.

“As a sponsor, we think it’s important that Rugby Australia has sent a clear message that singling out vulnerable LGBTI people under any circumstances is out of step with their values, not to mention the values of the community at large,” a Qantas statement said.

ISRAEL FOLAU WALLABY CAREER

Games: 62

Debut: v British Lions, Suncorp Stadium, 2013 (Man of the Match)

Tries: 32 (Fourth highest try scorer in Aus history)

Awards: John Eales medal (2014, ‘15, ‘17)