In a landmark ruling, the Federal Court of Australia has determined that a female-only social networking app, Giggle for Girls, discriminated against a transgender woman by removing her from the platform. The court found that Roxanne Tickle, a transgender woman from New South Wales, was subjected to “indirect gender discrimination” when her access to the app was revoked in 2021.
Tickle, who had sued Giggle for Girls and its founder Sally Grover in 2022, alleged that her account was terminated after Grover saw her photo and “considered her to be male.” The court did not find evidence of direct discrimination but ruled in favor of Tickle’s claim of indirect discrimination, noting that using the Giggle App effectively required users “to have the appearance of a cisgender woman.”
As a result of the ruling, the court ordered Giggle for Girls and Grover to pay Tickle $10,000 AUD (approximately £5,142) in general compensation, in addition to covering her legal costs. However, the court did not mandate an apology, deeming it “futile and inappropriate” to require what would likely be an insincere expression of regret.
This case marks the first time Australia’s Federal Court—its second-highest court—has made a ruling on gender identity discrimination since the 2013 amendments to the Sex Discrimination Act, which introduced protections for sexual orientation, gender identity, and intersex status.
After the verdict, Tickle expressed her relief, describing the decision as “healing.” She emphasized the challenges faced by trans and gender-diverse people, saying, “There is so much hate and bile cast on trans and gender diverse people simply because of who we are.”
Grover, however, responded to the ruling on social media, stating, “Unfortunately, we got the judgment we anticipated. The fight for women’s rights continues.” She has since launched a fundraiser to support an appeal against the decision.
Tickle has lived as a woman since 2017, underwent gender-affirming surgery in 2019, and is legally recognized as a woman in the Queensland Register. When she first signed up for Giggle in February 2021, the app’s AI software, which verifies users as female based on uploaded selfies, identified her as a woman. However, her access to the platform was later restricted and ultimately revoked.
Although the court acknowledged that there was no concrete evidence that Grover knew of Tickle’s gender identity when removing her from the platform, Judge Robert Bromwich noted that Grover’s views on sex and gender were clearly articulated by the time of the trial. During cross-examination, Grover stated that she did not consider transgender women who had transitioned and were legally recognized as female to be women, asserting, “they’re male people.”
The ruling has sparked significant debate, highlighting ongoing tensions surrounding gender identity and the rights of transgender individuals in spaces designed exclusively for women.
Source: https://news.sky.com
