Court Rules Transgender Woman’s Ban from App Discriminatory

A transgender woman has received a compensation of $10,000 plus legal costs after successfully suing a women-only social media application for alleged gender discrimination. This significant ruling, which examined the interpretation and extent of the Sex Discrimination Act, determined that she had experienced indirect discrimination.

Roxanne Tickle, a transgender woman residing in regional New South Wales, initiated legal action against the social media platform Giggle for Girls and its CEO, Sall Grover, asserting that she was unlawfully denied access to the app in 2021, following the company’s and Grover’s assertion that she was a man.

On Friday morning, Justice Robert Bromwich of the federal court stated that the respondents had interpreted “sex” as an immutable characteristic determined at birth.

 “These arguments failed because the view propounded by the respondents conflicted with a long history of cases decided by courts going back over 30 years.He said that those cases established sex is changeable in its ordinary meaning.

The on boarding process for the application necessitated that users upload a selfie, which was subsequently verified as female by the gender detection software of KairosAI, followed by verification from Grover.

Transgender woman Roxanne Tickle was initially allowed on the platform but later banned before it shut down in August 2022.

The judge noted that Tickle’s exclusion from Giggle might be linked to her gender identity, though it remains unproven.

The court upheld the claim of indirect discrimination, stating that the app barred Tickle because she did not present as sufficiently female.

Bromwich expressed dissent regarding the arguments presented by Grover and Giggle concerning the constitutionality of the protections for gender identity within the act, aligning with the stance of the sex discrimination commissioner.

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Transgender women Tickle had sought damages and aggravated damages amounting to $200,000, claiming that persistent misgendering by Grover resulted in constant anxiety and occasional suicidal thoughts.

 In his written ruling, Bromwich highlighted Grover’s conduct, including laughing at a caricature of Tickle during the trial.

“[Grover’s] assertion that it was humorous within the courtroom context was clearly insincere. It was offensive and belittling and had no legitimate place in the respondents prosecuting their case.”

Tickle remarked that the decision made on Friday demonstrated that transgender individuals could assert their rights.

Outside the courtroom, she expressed satisfaction with the outcome, hoping it heals transgender individuals and protects all women.

“I brought my case to show Trans people that you can be brave and you can stand up for yourself. “I can now move on, enjoy coffee with friends, play hockey, and leave this distressing experience behind,” she said.The 2013 amendments to the Sex Discrimination Act made discrimination unlawful under federal law based on sexual orientation and gender identity.

This first gender identity discrimination case in Australia’s federal court is expected to impact gender-specific spaces and draw global attention.

During the April hearing, the court learned Tickle has identified as a woman since 2017, with surgery and a female birth certificate.

Tickle’s counsel, Georgina Costello KC, asserted that “MS Tickle is a woman” while the respondents categorically refuted this assertion.

The team representing Giggle and Grover contended that the focus of the case should be on biological sex.

Barrister Bridie Nolan stated, “Sex is inherently discriminatory and must take precedence over other considerations.”

Grover informed the court that she would refrain from addressing Tickle as “Ms.” She further asserted that, regardless of whether a transgender woman presented as female, underwent gender affirmation surgery, lived as a woman, and possessed female identity documents, Grover would still regard her as a “biological male.”

The court learned Grover created the app as an “online refuge” after undergoing trauma therapy for social media harassment..

The Australian Human Rights Commission participated in the proceedings as an amicus curiae. Barrister Zelie Heger informed the court that the Sex Discrimination Act no longer confines sex to being strictly male or female.

Advocates for women’s and transgender rights have closely followed this case, with Bromwich acknowledging it was challenging for everyone involved.”

Tickle received help from the Grata Fund, while crowdfunding for Giggle for Girls raised over $520,000 for legal expenses.