In a groundbreaking decision, an Australian transgender individual triumphs in a legal battle against a female-exclusive application.
In 2022, Roxanne Tickle took legal action against the Australian app and its founder Sally Grover, accusing them of illegal discrimination based on gender identity in their services. Tickle claimed that Grover terminated her account after viewing her photo and viewing her as male.
The Federal Court of Australia, the country's second-highest court, ordered Giggle for Girls to pay Tickle A$10,000 ($6,700) in damages and legal fees, but refused to require the company to issue a written apology, which Tickle had requested.
According to Judge Robert Bromwich, Tickle's claim of direct gender identity discrimination was not successful, but her claim of indirect gender identity discrimination was.
This ruling was the first time the Federal Court had made a decision on gender identity discrimination since changes were made to the Sex Discrimination Act in 2013.
Professor Paula Gerber of Monash University's Faculty of Law said, "This decision is a significant victory for transgender women in Australia. This case sends a clear message that it is unlawful to treat transgender women differently from cisgender women. It is not lawful to make decisions about someone's gender based on their appearance."
Giggle for Girls marketed itself as a "safe space" for women to share their experiences and had over 20,000 users in 2021, court records indicate. The app ceased operations in 2022 but is set to relaunch soon, according to Grover.
Bromwich stated that Giggle for Girls only considered sex assigned at birth as a valid basis for a person to claim to be a man or woman. Tickle, who was assigned male sex at birth, underwent gender-affirming surgery and had her birth certificate updated, according to him.
Grover responded to the verdict on social media, stating, "Unfortunately, we received the judgment we anticipated. The fight for women's rights continues."
Tickle described the verdict as "healing" and revealed that she had faced hateful comments online and had merchandise created specifically to mock her. "There is so much hate and bile cast upon trans and gender diverse people simply because of who we are," she told Australian media outside the court.
The ruling by the Federal Court of Australia has significant implications for transgender women across the world, as it underscores the unlawfulness of treating them differently based on their appearance. Australia's Giggle for Girls app, despite having a strong presence in the country with over 20,000 users in 2021, faced criticism for only considering a person's sex assigned at birth as a valid basis for their gender.
