By T. Jayani, JadeTimes News
A transgender woman in Australia, Roxanne Tickle, has won a landmark discrimination case against a women only social media app, after being denied access because she was perceived as male. The Federal Court ruled that while Tickle wasn’t directly discriminated against, she was a victim of indirect discrimination where a seemingly neutral decision disproportionately affects a person with a particular attribute. The court ordered the app to pay Tickle A$10,000 ($6,700: £5,100) plus costs.
The case has become a significant moment in the ongoing debate over gender identity, raising the question, what defines a woman?
Tickle had joined "Giggle for Girls," an app designed as a safe space exclusively for women, in 2021. To gain access, users had to upload a selfie to verify their gender through software designed to exclude men. Although Tickle initially gained access, her membership was revoked seven months later.
Tickle argued that as a woman, she was entitled to use services designated for women, and that her exclusion from the app constituted discrimination based on her gender identity. She sued the app and its CEO, Sall Grover, seeking A$200,000 in damages, citing "persistent misgendering" by Grover, which Tickle claimed caused her significant distress.
Giggle's defense argued that sex is a biological concept and admitted that Tickle was discriminated against, but on the basis of sex rather than gender identity. They claimed that denying Tickle access was lawful, as the app was designed to exclude men, and Grover perceived Tickle as male.
However, Justice Robert Bromwich dismissed Giggle's argument, stating that case law consistently shows that sex is "changeable and not necessarily binary." Tickle welcomed the ruling, stating that it protects all women from discrimination, and expressed hope that it would provide comfort to trans and gender diverse individuals.
Grover, a self declared "TERF" (trans-exclusionary radical feminist), has been vocal in her belief that sex cannot be changed. She stated that no one born male can become a woman, regardless of surgeries, hormone treatments, or legal changes. Grover also refused to address Tickle as "Ms." and maintained that Tickle is biologically male.
Grover created the Giggle app in 2020 as a women only space following her experiences of online abuse by men. She has expressed her intention to appeal the court's decision, arguing that the case is about preserving the safety of women only spaces and reflecting the reality of biological sex in law.
This case, known as "Tickle vs. Giggle," is the first of its kind in Australia, addressing the conflict between gender identity and sex based rights in court. The outcome could set a legal precedent not only in Australia but also in other countries that have ratified the Convention on the Elimination of Discrimination Against Women (CEDAW). The ruling may influence how courts in other nations interpret gender identity claims versus sex based rights, potentially leading to broader global repercussions over time.
