Free speech or homophobia? French soccer dips into the scrum.

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June 7, 2023 |Paris

Last month, French professional soccer players were tasked with a simple mission: wear a jersey with a rainbow-colored number during a match, to mark May 17, the International Day against Homophobia, Transphobia, and Biphobia.

But several players refused to participate on the grounds that it went against their personal beliefs. "Given my roots, my culture, the importance of my convictions and beliefs, it was not possible for me to participate in this campaign," Nantes striker Mostafa Mohamed tweeted. "I hope that my decision will be respected."

How do you balance the demands of a sports league that's promoting a social agenda with the rights of players wanting to express their personal beliefs?

There have only been a handful of such incidents that pit French soccer players’ personal beliefs against club obligations, and the route forward for the appropriate response remains unpaved. Equality is a fundamental right in France, but so is freedom of expression. Players may not have a contractual obligation to participate in such campaigns, but many argue they have an ethical one.

"Sports are an echo of what is happening in society, and we’re seeing the same challenges of how to address delicate issues [like homophobia] in our workplaces and across society as in professional sports," says Frédéric Buy, a professor of sports law. "We’re in uncharted territory."

Last month, French professional soccer players were tasked with a simple mission: wear a jersey with a rainbow-colored number during a match, to mark May 17, the International Day against Homophobia, Transphobia, and Biphobia. Before each of their matches, players from the 40 participating Ligue 1 and Ligue 2 clubs stood before cameras behind a wide banner reading, "Gay or straight, we all wear the same jersey."

But what was intended to be a small act against discrimination turned into a controversy after several players refused to participate on the grounds that it went against their personal beliefs. While some who refused stayed silent, others took to social media to ask for understanding.

"Given my roots, my culture, the importance of my convictions and beliefs, it was not possible for me to participate in this campaign," Nantes striker Mostafa Mohamed wrote on Twitter. "I hope that my decision will be respected."

How do you balance the demands of a sports league that's promoting a social agenda with the rights of players wanting to express their personal beliefs?

The French government was unequivocal in its criticism of those who opted out – Sports Minister Amélie Oudéa-Castera said the players in question should be sanctioned. One week later, the Nantes club fined Mr. Mohamed an undisclosed amount, which was then donated to the French nonprofit SOS Homophobie. Other players who refused the jersey were sidelined during their matches.

There have only been a handful of such incidents that pit French soccer players’ personal beliefs against club obligations, and the route forward for the appropriate response remains unpaved. Equality is a fundamental right in France, but so is freedom of expression. Players may not have a contractual obligation to participate in such campaigns, but many argue they have an ethical one.

When it comes to French professional athletes, where is the line between institutional and moral responsibilities?

"Sports are an echo of what is happening in society, and we’re seeing the same challenges of how to address delicate issues [like homophobia] in our workplaces and across society as in professional sports," says Frédéric Buy, a professor of sports law at the University of Aix-Marseille. "I expect we’ll see more cases of athletes going against their clubs in the future. But right now, we’re in uncharted territory."

French soccer clubs are obligated to undertake a certain number of social actions if they want to benefit from a percentage of local government subsidies, be that volunteering in hospitals or working with young people in marginalized communities. The campaign against homophobia, in its third year, is part of a larger attempt by France's Professional Football League (LFP) to show that it's committed to tackling major societal issues like discrimination.

The LFP has led a similar campaign, in its second year, against racism and antisemitism. While French – and European – soccer has struggled to wipe out racism, it is increasingly recognized and condemned.

However, the same cannot be said for homophobia. Chants, banners, and slurs remain regular parts of French soccer culture, and thus far, no active professional male player here has come out publicly as gay.

At least five French players refused to participate in this year's anti-homophobia campaign – as well as former Paris Saint-Germain player Idrissa Gueye last year – but it is difficult to know the true number. Some players cited illness or injury as reasons to avoid stepping on the pitch in the rainbow-numbered jerseys.

"There is still a taboo surrounding homosexuality in soccer, and the issue has not evolved in decades," says Didier Reynaud, a member of Rouge Direct, a nonprofit that fights against homophobia. "Did we see any players speak out to condemn those who refused to participate in this campaign? No. One campaign per year isn't going to make a difference unless the [French Football Federation], clubs, trainers, and even announcers start denouncing homophobic behavior."

"To say you don't support homosexuality because of your religious beliefs is a pseudo-justification," says Jean-Christophe Lapouble, a sports law professor at the University of Poitiers. "French sports are secular. We can't allow players to use the excuse, ‘My religion says homosexuality is a sin.’ That cannot be tolerated."

The federation conveyed its "regret" over the "behaviors of certain players," but its national ethics council said it would not bring them before a disciplinary committee. Instead, the council said players would have their actions on their conscience and that in refusing to participate, they endorsed discrimination.

But when it comes to sanctioning players – financially or otherwise – it's a gray area legally. Homophobia is considered a criminal offense in France, and nondiscrimination is part of the country's new sports ethics code. But no players explicitly spoke out against homosexuality.

"Freedom of expression can be both positive and negative. It allows for the right to say something but also the right to not say something," says Mr. Buy, the law professor. "These players clearly used that right to not take a stand [against homophobia]."

It's also unlikely that players’ contracts contain specific stipulations about joining anti-discrimination campaigns. Professional footballers are protected by France's strong labor laws, and it is difficult to impose things on them, right down to their choice of shoes. But as pressure mounts for players to "do the right thing," that could change.

"Every player's contract can be bespoke," says Andy Scott, an international football editor for the Agence France-Presse in Paris. "It can be as specific as ‘This player will have a VIP box for his family at matches.’ There's no reason why going forward, participating in these types of [anti-discrimination] campaigns couldn't be included in a contract. As in, ‘You must participate in these campaigns because it's damaging for our image if you don't.’"

Beyond contractual or legal obligations, however, some observers have argued that professional footballers – with their global influence – have a moral and ethical responsibility to take part in campaigns that promote equal rights, and that it's in their best interest to do so, even if it doesn't match with their personal values.

"Unlike when this situation happened last year, the French ethics body came out publicly this time to denounce the players," says Louis Catteau, a doctoral candidate at the University of Paris Nanterre who is researching the frontier between ethics, law, and sports. "So even if there's no legal weight behind that, it's an official public reaction about what the right thing to do is, and that inevitably has an impact."

But doing "the right thing" is subjective, and French professional footballers are a celebration of diversity, in terms of age, education, and socioeconomic background. And that can create tensions.

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"Each player comes to the team with their own identity, belief system, and things they’ve been taught their entire lives," says Michaël Barer, the director and co-founder of Les Racines de Demain, a nonprofit that promotes interfaith cooperation.

"In this instance [of the anti-homophobia campaign], the club needed to explain to players why they were doing it and why it was important," he says. "You can't ask people to support something they don't understand. Then, they could address the concerns of players who were against it instead of just reacting afterwards when there's a problem."

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