Court Decides in Favor of Transgender Woman Excluded from Women-Only App
The judge identified Roxanne Tickle as a victim of ‘indirect discrimination’ and acknowledged her as female according to the law.
Renowned author JK Rowling expressed her support in Australia’s notable women’s rights case.
“Solidarity, sisters,” the author shared during the Federal Court case, Tickle v Giggle.
In a show of solidarity, both Rowling and the founder of the Giggle for Girls app, Sall Grover, stood behind a trans woman, Roxanne Tickle, in a legal battle over access to the female-only app.
The significant gender-identity case ruled in favor of Tickle on Aug. 23, deeming the denial of access to Giggle unlawful.
Key Points from the Judge
In his verdict, Justice Robert Bromwich stated that Tickle’s direct gender discrimination claim was unsuccessful, but her claim of “indirect gender identity discrimination” held true.
Grover has been instructed to pay $10,000 in compensation and legal costs, a fraction of the $200,000 sought by Tickle.
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The judge also recognized the changing definition of “sex.”
“[The respondent’s] arguments failed as they contradicted previous court cases spanning over 30 years, establishing the changeability of biological sex,” Justice Bromwich noted.
The court emphasized that the concept of sex has evolved, especially concerning legal changes to official birth records.
However, the court refused to delve into the broader aspects of biological sex.
“The scientific evidence on that matter is undisputed. The complexity of this case extends beyond biology,” the judge elaborated.
“Ms. Tickle is legally recognized as female, as validated by her updated birth certificate under Queensland law. The discrimination against Ms. Tickle revolves around gender identity, not biological sex.”
Case Progression
In September 2021, Tickle was barred from the app based on gender grounds.
Having undergone surgery and hormonal treatments resulting in a female birth certificate, Tickle identifies as a woman in her social circles.
Grover developed the Giggle app as a women-only space.
Giggle’s representative, Bridie Nolan, argued that Ms. Tickle was a male, justifying her exclusion from the app under the Sex Discrimination Act.
Justice Bromwich faced the challenge of determining a person’s gender based on their “psychological state” and surgical interventions to alter reproductive organs.
Tickle’s lawyer, Georgina Costello, addressed the cyberbullying Tickle faced due to Grover’s actions and emphasized that Tickle’s true gender identity as a woman should not be undermined.
Women’s Organization Perspective
CEO Rachael Wong of Women’s Forum Australia highlighted the judge’s ruling, stating that Giggle was found guilty of indirect gender identity discrimination against Tickle.
Wong expressed disappointment, emphasizing the imbalance in rights favoring men identifying as women over biological women.
“The battle continues until the rights of women and girls based on sex are reinstated in Australian legislation,” Wong remarked.
Concerns on Women’s-Only Spaces
Save Women’s Sports Australasia voiced concerns about the implications of the ruling on women’s exclusive spaces.
The group questioned the safety and exclusivity of women’s spaces if gender identity is included in legal frameworks.
“Including gender identity in legislation leaves women vulnerable to any man with no clear boundaries,” the group stated.
An appeal can be made against the court’s decision.
