Wednesday 26 June 2019

The Clash of Law and Free Speech !

Israel Folau is a very talented Rugby player who has amassed a personal fortune due to his prowess at that game.  He also has strong Christian beliefs and they caused him to place a notice on the internet warning nine offences against the laws of God would result in sinners burning in Hell.   That notice specifically mentioned " Drunks,  Homosexuals, Adulterers, Liars, Fornicators,  Thieves, Atheists, and  Idolaters."   That seems to cover just about everybody here on planet Earth.

Some fellow Rugby players are openly homosexual and the administration of Rugby League has a rule in place in which members bringing the game into disrepute will be barred from the game.  Folau has not been selected to play since that notice appeared and the League has given notice that his million dollar contract is being torn up.

This has degenerated into a slanging match in which Folau claims his right to free speech has been violated and he is suing Rugby League.  He launched a public appeal for three million dollars to pay his appeal costs through the GoFundMe site and quickly gained $700,000 in public donations.  It appears that this appeal is outside the guidelines of the Gofundme charter and that money will now be returned to donors.  Folau is considering other options.

In its wisdom, the law in this country conferred legality on homosexuality and a very public opinion poll was heavily in favour of same sex marriage, and yet this is something that is vigorously disavowed by most of the churches.  Homosexuality still is punished by the death penalty is many overseas countries and its legality here is still questioned by some citizens.   That is apparent from the speed in which donations flowed into Folau's fund appeal.

Very clearly, this argument is specifically directed at openly homosexual players scattered through the various sporting codes. Folau is using his fame to attract a hard core of anti-homosexuals to his cause and this may degenerate into a similar activity movement that once saw " gay bashing " and even " murder " become common in places where the gay community gathered.  This could seriously undo the wide acceptance that gays have achieved in our society.

Basically, Folau is railing against the law in place here in Australia that makes homosexuality legal. There is no outcry about his naming of drunks, thieves and adulterers and yet they are widely scattered throughout out community.   This is an attack on homosexuals, cleverly hiding behind that right of free speech.

But of course that right of free speech is not unlimited.   We can not call on the public to commit murder on people we dislike.  That would get us locked up and there are laws on defamation that carry heavy penalties.  In the interests of justice this clash of law and religion will need to be clarified in a court of law.

It is a long time since the laws of the churches took precedence on how we are governed.  When someone chooses to defy the law of the country in which they live they must expect a penalty. Israel  Folau is entitled to his own opinion.   If he wishes to play the game that he loves it would be prudent if he kept that opinion to only his family and close friends.

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