Israel Folau tribunal: The case for and against him losing Rugby Australia hearing

If Israel Folau wins his case against Rugby Australia, every sport will be powerless to stop athletes posting homophobic content on social media. But should he lose his job? Jamie Pandaram argues both sides.

PERTH, AUSTRALIA - SEPTEMBER 09: Will Genia of Australia paxses the ball during The Rugby Championship match between the Australian Wallabies and the South Africa Springboks at nib Stadium on September 9, 2017 in Perth, Australia. (Photo by Paul Kane/Getty Images)

Israel Folau faces a fight for his $4 million contract at a code of conduct hearing this weekend with no guarantee of any decision being reached by the end of business on Saturday.

Rugby Australia last month issued Folau with a breach of contract notice following his latest round of controversial social media posts.

The three-time John Eales Medallist had been previously warned by RA about his social media conduct and the governing body subsequently announced its intention to terminate his contract.

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Folau has been stood down by the NSW Waratahs after posting a Bible passage last month claiming hell awaits “drunks, homosexuals, adulterers, liars, fornicators, thieves, atheists and idolators” unless they repent and turn to Jesus Christ. Folau will front a three-person tribunal - comprising chair John West, RA”s representative Kate Eastman SC and the RUPA-appointed John Boultbee SC.

THE CASE FOR

Israel Folau is not being deliberately hurtful.

He is not running up to homosexual people on the street and telling them they’ll burn in hell.

All he has done is share a bullet point poster of scripture from Corinthians 6: 9-10, which states: “Or do you not know that wrongdoers will not inherit the kingdom of God? Do not be deceived: Neither the sexually immoral nor idolaters nor adulterers nor men who have sex with men nor thieves nor the greedy nor drunkards nor slanderers nor swindlers will inherit the kingdom of God.”

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It’s right there, in the holy book, and Folau feels duty bound as a man of deep Christian faith to share that.

If you’re going to punish him, you are belittling the words that millions of people believe in.

It is not fair to sanction him simply for sharing his religious beliefs; that is walking down a dangerous road where the rights of an individual to religious expression are impinged by their employer.

And there is no specific clause in Folau’s contract stating he can’t share these beliefs on social media.

Folau is not the only player in Australian rugby to hold these beliefs. Will RA enforce a ban on all players not to share religious doctrine that may offend some sections of the community? Why have they not sanctioned Samu Kerevi and Allan Alaalatoa, who ‘liked’ Folau’s controversial Instagram post?

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The Bible is what Folau uses to form all of his moral judgment. This is the same for a vast number of Australians.

He does not get to decide which scriptures to believe and which to dismiss; he must accept all of God’s words.

And as a high-profile Christian, he is obligated to share these words and spread the message that only through Christ can we be saved from our sins.

He has not bashed anyone, sexually assaulted anyone, or cheated to win games.

Yet unlike those in Australian sport who have, he is set to lose his job for good.

THE CASE AGAINST

If Israel Folau wins his case against Rugby Australia, every sporting code in the country will be powerless to stop their athletes posting homophobic content on social media.

The precedent will have been set.

Laws in Australia are set up to protect people from being vilified for their sexual orientation; you don’t get to use religion as a means to wriggle your way out of that.

Folau knew the hurt he caused the gay community last year when he wrote they were destined for hell.

After much negotiation, RA decided not to sanction him because he was expressing a religious conviction and they want to be inclusive of all beliefs.

But he was issued with a formal letter warning him of severe consequences if he repeated any comments that vilified homosexuals.

That letter sits with his employment file and will be a key weapon in RA’s case against him.

Folau said last year he didn’t mean to hurt people; he was only sharing beliefs stated in the Bible. He can’t claim ignorance now.

If he wins other sporting codes will be powerless to stop abuse being posted

Numerous people wrote to him and RA on social media last year saying that sort of rhetoric led them to attempt suicide, but Folau decided to post again.

RA took all steps to ensure that Folau was not outcast for his beliefs, but made it clear that any comment he made that would vilify people based on their sexuality would be punished.

The outcry over “free speech” would be very different if a Muslim athlete wrote that “infidels were destined for hell”. Or if they shared this scripture: “If a man also lie with mankind, as he lieth with a woman, both of them have committed an abomination; they shall surely be put to death; their blood shall be upon them”.

By the way, that’s not from the Koran. It’s from the Bible; Leviticus 20:13.

If Folau wins, we can expect to see much more of this kind of content circulating on social media, without consequence.

Originally published as Israel Folau tribunal: The case for and against him losing Rugby Australia hearing