One of Australia’s most prominent campaigners against transgender rights, Kirralie Smith, the CEO of anti-transgender organisation Binary, has lost an appeal against a vilification finding in the New South Wales Supreme Court.
While the judge did make several changes to the original determination, the majority of the finding against Smith and Binary remained. They will now be required to pay the $95,000 in damages to two transgender women who were targeted via their campaign. They will also be required to publish a court-approved apology to the two victims that will have to remain as a pinned feature on their social media channels for a period of three months.
In 2023 Stephanie Blanch and Riley Dennis lodged complaints over Smith and Binary’s campaign against transgender women playing in community level sport. The court previously found in favour of the two players and ordered that compensation of $55,000 be paid to Blanch, and $40,000 to Dennis. The original finding included a clause which doubled the fine if it was not paid within 28 days, that element has now been removed from the finding.
The court’s decision was widely described as a landmark ruling because it was believed to be the first successful vilification finding in New South Wales based on gender identity. Binary and Smith have previously indicated that they would take their appeal to the High Court if unsuccessful in the Supreme Court of New South Wales.
In a separate case Smith was also the subject of a two year Apprehended Violence Order relating to Blanch. In that case a judge found that the victim had been the subject of a “sustained campaign of belittling, harassment and intimidation.” by Smith.
Prior to becoming the leader of Binary Australia Smith was a prominent member of the Q Society and a campaigner against Islam and halal certification on food. She stood as a candidate for the short lived right wing party Australian Liberty Alliance. She later joined Cory Bernardi’s Australian Conservatives party but stood down as a candidate before the 2019 election.
Smith’s organisation Binary Australia morphed out of the previous group The Marriage Alliance, who were a leading voice in the campaign against marriage equality. They are remembered for their controversial advertisements that included people in rainbow nooses, giant icebergs and claims that children without male parents were more likely to end up using drugs, in prison or committing sexual assaults.
OUTinPerth contacted Binary Australia for comment, and also reached out to leading transgender rights groups for their perspective.
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