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Gray-Hand

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I’m not. It is true that sexuality is a spectrum rather than binary and people can move up and down on that spectrum, but they whether or not they do and to what degree they do is not a conscious choice.

Israel Folau to fight Rugby AU sanction

When did Higgers or Hunt do something violent?

Izzy, you're a complete...

Yes, he is homophobic, kleptophobic, cyprianophibic etc

Israel Folau to fight Rugby AU sanction

Does a code of conduct hearing require disclosure/discovery?

I could very well be wrong, but I don’t think the rules of evidence even apply.

Israel Folau to fight Rugby AU sanction

The lawyers have a duty to advocate for their client to the best of their ability without misleading the Court.

If that duty didn’t exist then people wouldn’t be able to trust their lawyers and the Courts wouldn’t be able to have confidence that the best cases were being presented to allow them to make just judgments.

The justice system would fail.

Israel Folau to fight Rugby AU sanction

Section 116 of the constitution deals with religious freedom. We just don’t have religious freedom like they have in the United States.

S116 has 4 limbs and they really only restrict what the commonwealth can do in relation to religion. It doesn’t really protect the right of an individual to expression of their religious belief.

It hasn’t been tested very much in the High Court, but when it has been, it has always been interpreted narrowly.

If Folau wins, it won’t be on the basis of section 116.

Israel Folau to fight Rugby AU sanction

It isn’t the going to hell that is offensive – few people really believe in it, or take it seriously.
It is the implication that the reason they are going to hell is due to the moral shortcomings of being gay.

Israel Folau to fight Rugby AU sanction

This is easy to understand.

It isn’t offensive to condemn lying, stealing, adultery etc because most people would agree that they are morally bad. Idolatry and irresponsible sexual promiscuity are also generally looked down upon too.

Also, people don’t really self identify as a drunk or and idolator etc, because such behaviour are choices that they make that they can stop at any time. I’m only a drunk when I’m drunk. I have of course told lies before, but I don’t don’t do it habitually. So I don’t characterise myself as either a drunk or a liar. Same for anyone else in relation to the other sins.

On the other hand, a homosexual is a homosexual 24/7 and they can’t do anything to change that. It’s who they are.

There is absolutely nothing whatsoever wrong with being homosexual. And it is obviously offensive to equate it with those other types of immoral behaviour.

How do people not understand that?

Israel Folau to fight Rugby AU sanction

Well, Kurtley Beale has gotten into a couple of fights with teammates.

Israel Folau to fight Rugby AU sanction

Phobia also means an aversion to something. He clearly has an aversion to homosexuals.

Israel Folau to fight Rugby AU sanction

100% agree with Gloria, as another lawyer.

Israel Folau to fight Rugby AU sanction

The legal fraternity in Sydney is big enough for Folau to easily find lawyers every bit as skilled as whoever RA will have representing them.

But in general, yeah, RA has no lack of top lawyers willing to work for them (often at at a discount, from what I hear) and unlike the NRL, they seem to wait for legal advice before taking action. That probably hurts them in the media by being seen to be slow to act, but they don’t seem to lose too often in the courtroom.

Israel Folau to fight Rugby AU sanction

Does Folau have his Instagram account set to ‘private’ or does he have it open to everyone so that it pops up as a suggested account for anyone that the Instagram algorithms have guessed has an interest in rugby?

The NRL has allowed worse than Folau to play

Terms that aren’t actually written into a contract can be incorporated or implied into the contract in certain circumstances. For example, a term can be implied into a contract in order to grant business efficacy.

There is a lot of case law devoted to additional terms being incorporated into a contracts that aren’t written in the contract document. The burden is on the party alleging that additional terms exist to prove that. So it sounds like RA will have to make the case that Folau was subject to special conditions of employment, if that is their case. The contra preferentum rule means that any ambiguity will usually be resolved against the party that provided the wording of the contract, which always makes things a bit more difficult for employers.

Employment contracts are also always subject to any applicable industrial awards that might exist even if the contract doesn’t refer to them. Of course that probably doesn’t apply to Folau’s contract.

Contract law is otherwise largely based in common law. Employment law is a lot more statute based, but most aren’t applicable to Folau due to the nature of his employment.

Israel Folau to fight Rugby AU sanction

Folau might be able to challenge the notice on other grounds, but the argument that his Instagram post isn’t homophobic because it mentions other types of sinners as well, is absurd.

Israel Folau to fight Rugby AU sanction

He’s actively sabotaging their attempts to be inclusive by alienating people with his widely broadcast homophobic bigotry.

What else can they do but sack him?

Phipps praises bosses for swift action on Folau 'distraction'

I thought I was up to date on my Rugby Union conspiracy theories…
When did the one about the secret cabal within the Waratahs playing group start?

Phipps praises bosses for swift action on Folau 'distraction'

You have to judge them by the standards of their era. The rules were different in other eras. Fitness regimes are different.

Cameron Smith would have a broken neck if he stuck his head in a contested scrum.

Greg Inglis would skittle an entire forward pack from 1925.

Should Greg Inglis be made an Immortal?

Yes, definitely. He was basically playing as 5/8 on attack for years before switching jerseys.

Should Greg Inglis be made an Immortal?

That’s why the term ‘Immortal’ is used. Their memory will never die.

Rightly or wrongly, that probably grants a bias towards captains and particularly representative captains, since their position allows them to influence the game to a greater degree than just their playing alone would.

Recent bias is real, and I think it is why Cronk gets mentioned in these discussions. I think it actually works against Inglis though. His last few years have been spoiled by injury and he had rarely been at his best while playing. Go back 5 years ago though, and he was a colossus that opposition teams planned around.

5 years from now, he will be remembered for what he was like in his prime – which was 75% of his career.

Should Greg Inglis be made an Immortal?

People aren’t offended because they are scared of hell. Even if it existed, Folau isn’t the one who decides who goes there.

It is offensive because by his post Folau has said that homosexuals are morally inferior.

The NRL has allowed worse than Folau to play

Twitter is a public forum.

The NRL has allowed worse than Folau to play

John’s did get named too early, but he did win a couple of Golden Boots (when they were a proper big deal) and, I think 3 Daly Ms. He was the same quality as Lockyer and Thurston. You could swap any of those three in and out of your halves and the quality would be the same.
He’s definitely an Immortal.

Should Greg Inglis be made an Immortal?

Not a great game manager?
Who are you comparing him to?

Should Greg Inglis be made an Immortal?

He clearly thinks he will never be playing with Folau again.

Regardless of the right or wrong of the whole RA vs Folau thing, it surprising how little support Folau is getting from players.

Compare this to other cases where players have been facing disciplinary charges, often over more serious stuff – the silence here is remarkable.

Phipps praises bosses for swift action on Folau 'distraction'