One time too many for Folau
Rugby Australia has served a breach of contract notice on Israel Folau following his latest rant about homosexuals being destined for the fires of ‘‘hell’’.
Folau will have an opportunity to respond to the allegations at a code of conduct hearing, before a final decision is made.
This could be seen as Rugby Australia going through the motions, as it has already made its position quite clear.
Last week, Rugby Australia
said: ‘‘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.
‘‘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 he does not speak for the game with his recent social media posts.’’
This is not the first time Folau has expressed his personal views. Last April, in response to a question on Instagram ‘‘What was God’s plan for gay people??’’, Folau replied ‘‘HELL . . . unless they repent for their sins and turn to God’’.
Folau was not disciplined at the time and subsequently signed a new four-year contract with Rugby Australia, which is understood to have had prohibitions relating to his use of social media.
While Rugby Australia has yet to formally make its decision, there has been significant public debate as to whether Folau should be entitled to express his views, and whether he is, in fact, being discriminated against on the grounds of his religious beliefs.
There is no doubt Folau is genuine, and his religious convictions may also compel him to believe he should share his views, in the misguided belief he may be able to save some poor homosexual souls.
Australia does not have a Bill of Rights Act but its constitution recognises freedom of religion. Further, freedom of expression is a right that is recognised in international law.
Based on this, Folau may well claim his fundamental right to freedom of expression justifies his actions, and in turn means that Rugby Australia has acted unlawfully.
However, this fails to take account of the fact Folau is in a privileged position as a result of his role as an international rugby star, and by virtue of the platform that this provides him. He is an influencer, and has access to a broad audience, precisely because of his position.
Further, Rugby Australia has social responsibilities as a national body with significant influence over the views and expectations of people in the community.
It also has a brand and sponsorships to protect.
Folau, in turn, has obligations to Rugby Australia to safeguard its values and reputation, and not act in a way that might undermine these.
As far as the suggestion Folau himself is being discriminated against because of his religious beliefs, this is not the case at all.
It is not his beliefs that are at issue, but his need to share these with the world, despite previously being counselled not to.
Rugby Australia gave Folau a chance to learn from his actions in 2018, and to be ‘‘humble’’, a virtue he consistently preaches. Despite this, he has deliberately and repeatedly disregarded the reasonable direction of his employer and should now be held accountable.