Gender identity.
Court Ruling on Transgender Discrimination: A Landmark Case in Australia
On Friday, an Australian court ruled that removing a transgender woman from a female-only social platform amounted to discrimination. This decision marks a significant moment for gender identity issues in the country. In 2022, Roxanne Tickle sued the app Giggle for Girls and its founder, Sally Grover. Tickle claimed Grover deactivated her account after seeing her photo and deciding she “looked male.
Giggle for Girls
The Federal Court ordered Giggle for Girls to pay Tickle A$10,000 plus legal costs. However, it declined Tickle’s request for the company to issue a written apology. Judge Robert Bromwich explained that while Tickle’s claim of direct gender identity discrimination did not succeed, her claim of indirect gender identity discrimination did.
Federal Court
This is the first time the Federal Court has ruled on gender identity discrimination since the Sex Discrimination Act was amended in 2013. Professor Paula Gerber from Monash University’s Faculty of Law praised the decision, calling it a victory for transgender women in Australia. She emphasized, “This case clearly demonstrates that treating transgender women differently from cisgender women is unlawful. Decisions about whether someone is a woman cannot be based on appearance.”
Giggle for Girls, marketed as a “safe space” for women, had around 20,000 users in 2021, according to court records. Though it suspended operations in 2022, Grover announced plans for its relaunch soon.
Gender Identity and Legal Documents
Judge Bromwich noted that Giggle for Girls had based its actions on the sex assigned at birth, which it considered a valid way to define whether someone is male or female. Tickle, assigned male at birth, had undergone gender-affirming surgery and updated her birth certificate to reflect her gender.
In response to the ruling, Grover expressed disappointment, stating, “Unfortunately, we received the judgment we expected. The fight for women’s rights continues.”
Conclusion
Tickle described the verdict as “healing” and shared her experience of facing online hate and mockery. She reflected on the widespread hostility towards trans and gender-diverse individuals, telling the media, “There is so much hate and bile cast on trans people simply because of who we are.”