So, you've probably seen the headlines or heard the heated debates online. There’s this huge question mark hanging over New South Wales: Is it actually against the law to call a trans woman a man? For a long time, people thought this was just a "politeness" issue or something for HR to handle. But honestly, things changed fast in 2025.
The case of Kirralie Smith basically blew the lid off this whole debate. It wasn't just some Twitter spat that stayed on Twitter. It ended up in a courtroom with a $95,000 price tag. If you're wondering if "misgendering" can land you in legal hot water in NSW, the short answer is yes—but the "how" and "why" are kinda complicated. It’s not just about one wrong word; it’s about what the law calls transgender vilification.
What Actually Happened with Kirralie Smith?
Kirralie Smith is the spokesperson for an organization called Binary Australia. She's been a very vocal critic of trans women participating in women’s sports. In 2025, she was hit with a landmark ruling in the NSW Local Court.
The case involved two transgender soccer players, Stephanie Blanch and another player (referred to in court documents as Dennis), who were playing in a local women’s competition in regional NSW. Smith had posted photos of them and repeatedly referred to them as "men," "males," and even used the phrase "bloke in a frock."
Here’s where it gets legally messy. In August 2025, Deputy Chief Magistrate Sharon Freund ruled that Smith had unlawfully vilified these women under the NSW Anti-Discrimination Act 1977.
The $95,000 Reality Check
By December 2025, the court finalized the penalties. It wasn't just a slap on the wrist.
- Smith was ordered to pay $55,000 to one player.
- She had to pay $40,000 to the other.
- The court also ordered a public apology to be pinned to her social media.
The Magistrate was pretty clear: calling a trans woman a man in this specific context wasn't just "stating a biological fact" as Smith claimed. The court found it was done in a way that "incited hatred, serious contempt, or severe ridicule." That is the legal "sweet spot" for vilification.
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Wait, is Misgendering a Crime Now?
This is where people get confused. You aren't going to get thrown in a jail cell for accidentally using the wrong pronoun at a coffee shop. That’s not how this works.
In NSW, there’s a difference between a civil complaint and a criminal offense.
- Civil (The Smith Case): This is about discrimination and vilification. If you publicly attack someone's identity in a way that makes others hate or ridicule them, you can be sued or brought before a tribunal (like NCAT) or the Local Court. You might have to pay damages, like the $95,000 Smith owes.
- Criminal: NSW also has laws against Public Incitement of Violence (Section 93Z of the Crimes Act). This is for when someone urges others to actually physically hurt a group based on their gender identity. That can lead to jail time.
So, is it "illegal" to call a trans woman a man? In a public forum, if it's done to target, harass, or incite contempt against them, the NSW courts have now signaled that yes, it can be a breach of the Anti-Discrimination Act.
The "Recognised Transgender Person" Loophole
A lot of people don't realize that NSW law actually treats different trans people... well, differently.
Under the Anti-Discrimination Act (ADA), if someone is a "recognised transgender person"—meaning they’ve updated their birth certificate—the law is very strict. Section 38P basically says that if a woman is a recognised trans woman, you must treat her as a woman. Period.
However, things got a lot simpler (or more complicated, depending on who you ask) with the Equality Legislation Amendment (LGBTIQA+) Act 2024.
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- Self-ID: Since early 2025, trans people in NSW no longer need to have "bottom surgery" to change their birth certificate. They can just use a statutory declaration.
- Protection: This means way more people now fall under the "recognised" category, making the legal protection against misgendering much broader than it was five years ago.
Why the Courts Rejected the "Free Speech" Argument
Kirralie Smith’s defense team argued that she was just engaging in "political communication." They said she was talking about the fairness of sports, which is a matter of public interest.
The Magistrate didn't buy it.
She ruled that while the topic of trans women in sports is a valid public debate, the way Smith did it—using "disproportionate" language and identifying individual players to her 40,000 followers—crossed the line. The court found she wasn't acting in "good faith."
Basically, you can debate the policy all you want, but the second you start targeting individuals and calling them "blokes" to stir up a crowd, the law stops protecting your speech. It’s a fine line. Honestly, it’s a line that many people are still trying to find.
What Most People Get Wrong About the Law
I see a lot of misinformation about this on TikTok and X. Let's clear some of it up.
Misconception 1: You'll get arrested for using the wrong pronoun.
Wrong. You might get a civil complaint filed against you if it's part of a pattern of harassment or public vilification. But the police aren't coming to your house because you said "he" instead of "she" in a private conversation.
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Misconception 2: The law only applies to "recognised" trans people.
Sorta wrong. While "recognised" people have extra protections, the vilification laws (Section 38S) apply to anyone targeted for being transgender, whether they have a new birth certificate or not. If you incite hatred against someone because they are trans (or even if you just think they are), you're potentially in trouble.
Misconception 3: You can't talk about biological sex anymore.
You can. But context is everything. The court in the Smith case specifically said it wasn't ruling on whether biological males should play in women’s sports. It was ruling on the harassment and incitement directed at the individuals.
Actionable Insights: How to Navigate This
If you’re a business owner, a coach, or just someone who posts a lot online, the landscape in 2026 is different. Here is the reality of how to stay on the right side of the law:
- In the Workplace: If an employee or customer asks to be referred to by certain pronouns, use them. In NSW, "persistent misgendering" in a work environment is almost always considered a form of prohibited harassment. It’s a fast track to an expensive HR nightmare or a claim with Anti-Discrimination NSW.
- Social Media: Avoid "doxxing" or highlighting private individuals to make a political point. The Smith case proves that the court sees "identifying and outing" as a key factor in vilification.
- Sports Clubs: Ensure your club has a clear policy that aligns with the Equality Amendment Act 2024. If you have a trans player, the law generally requires they be treated as their identified gender, especially if they have updated documentation.
- Public Debate: If you feel strongly about gender issues, focus on the policy or the legislation rather than attacking individuals. The moment you make it personal and use "ridiculing" language, you lose your "good faith" legal defense.
The Kirralie Smith ruling isn't just about her; it's a massive precedent for all of Australia. It shows that "freedom of speech" in NSW has a very clear boundary: it ends where the targeted vilification of a vulnerable group begins. Whether you agree with the $95,000 fine or not, the courts have made their position clear. Misgendering as a tool for public ridicule is now a legal liability.
Key Legal References for Further Reading:
- Anti-Discrimination Act 1977 (NSW), Section 38S (Transgender Vilification)
- Crimes Act 1900 (NSW), Section 93Z
- Equality Legislation Amendment (LGBTIQA+) Act 2024
- Blanch v Smith [2025] NSWLC