The chairman of NSW Rugby has made a last-ditch plea for Israel Folau and Rugby Australia to settle their dispute out of court, saying the game is paying too high a price for RA to be proved right on the matter.
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As the parties prepared for a conciliation conference before the Fair Work Commission in Sydney on Friday, NSWRU chairman Roger Davis broke ranks to appeal for pragmatism from both RA and Folau.
Although RA are taking the lead on the legal case, NSW are co-respondents on Folau's unlawful termination claim before the commission.
"You can die for a principle or be pragmatic. No one is going to win here," Davis said.
"It is in the best interests of the game to mediate a solution to this, but it will require both sides to move off their preferred position. We understand the sensitivities that everyone has but we would hope there is a pragmatic solution here that respects every side of the debate."
Davis's comments came as RA chief executive Raelene Castle maintained the sport's governing body had "acted with complete professionalism and integrity at all times through the process" by which Folau's contract was terminated.
"This is an employment matter and does not concern his religious beliefs or his ability to express them freely," Castle said in email circulated to rugby supporters.
"If some of you follow Israel's social accounts, you will have noticed he has posted religious material freely and openly over the last few years. The media attention it has garnered is obviously distracting as it means that we aren't talking about, and celebrating, all the great things going on in our game."
The Australian Christian Lobby on Thursday stopped accepting donations to Folau's legal fighting fund after the tally surged past $2 million.
The sacked dual international and three-time John Eales medallist had a fundraising target of $3 million but agreed to hit the "pause button" after questions were raised over how much he might actually need to fund his unlawful termination claim.
The ACL announced the move on Thursday morning, saying the more than $2 million raised so far had been achieved through contributions from more than 20,000 donors in just two days.
"We are hitting the pause button. But if the case drags on and Israel needs more support, we will re-open this campaign," the group said on its website.
"For now, we are thrilled that Izzy is not only supported, but a great movement of quiet Australians have found their voice. This cannot be ignored."
Folau is claiming unlawful termination on the basis of religion under the Fair Work Act.
With both parties taking legal representatives into Friday's meeting, the chances of a successful conciliation appear slim. Many legal and rugby insiders are of the belief that Folau's team view the meeting as a procedural stepping stone on the way to a full airing of the case in the Federal Court.
Meanwhile, the Wallabies are in the midst of preparations for the most important tournament of the four-year international cycle, the Rugby World Cup, which starts in Japan in three months' time.
Australia will play Tests against South Africa, Argentina, New Zealand and Samoa over the next three months in preparation for their departure, and coach Michael Cheika has been working with a training squad in Sydney this week.
Davis said the campaign was at risk of being overshadowed or derailed by the Folau saga.
"Everyone's lawyers say they've got an iron-clad case but if you've been around the commercial traps long enough you know the downsides are considerable," he said.
"It is having an impact on team's performances, on the reputation of the game, and it's a huge distraction, it's all people want to talk about. No one is talking about the game."
Folau rejected overtures of a settlement worth half the value of his four-year, $4 million contract, before his code of conduct hearing last month and spoke in church of such a compromise being the devil's work.
But Davis said all parties had a responsibility to reconsider resolving the matter out of court.
"It's not about rights or wrongs now, it's about pragmatics. I don't think rugby should be defining freedom of religion rights or freedom of expression rights. I don't think it's our job," he said.
"I've got no criticism of his beliefs or his rights, we just want to play football, winning football, and this is having an impact.
"You'd like to look back on rugby as the game they play in heaven, not as the defining sport for social rights. I don't think that's our obligation."
Players, administrators and coaches have all spoken of the draining impact the issue had on the Waratahs' season this year, including the loss of Folau's on-field contribution.
Folau and RA were contacted for comment.
Davis conceded Folau's attitude appeared to be hardened against a compromise but said RA and NSW Rugby had to keep trying.
"I would like to believe it was possible," he said. "Common sense is the least common of our senses at times but everyone's got until tomorrow and we are trying to encourage people to mediate and find a middle ground. But it takes two to tango."
