A judge in Australia ruled that the owner of a female-only social networking platform discriminated against a transgender woman by removing her from the app because she was born male. The plaintiff, Roxanne Tickle, sued the Australian app Giggle for Girls and its founder, Sally Grover, for unlawful gender identity discrimination. The suit claimed that Grover removed Tickle’s account from the platform after seeing her photo and considering her to be male. In a landmark decision on gender identity in Australia, the Federal Court ordered Giggle for Girls to pay Tickle 10,000 Australian dollars plus legal costs. Although Tickle had sought a written apology, Judge Robert Bromwich did not order one.
This ruling marks the first time the Australian Federal Court has made a decision on gender identity discrimination since the Sex Discrimination Act was amended in 2013. Professor Paula Gerber of Monash University’s Faculty of Law praised the decision as a significant win for transgender women in Australia. She emphasized that it is unlawful to treat transgender women differently from cisgender women and to base decisions about a person’s gender on their appearance. The platform Giggle for Girls was marketed as a safe space for women to share and discuss their experiences, with around 20,000 users in 2021. Despite temporarily halting operations in 2022, Grover plans to relaunch the platform soon.
In his decision, Judge Bromwich stated that the platform only considered a person’s sex at birth as a valid basis for claiming to be a man or woman. The plaintiff was born male but had undergone sex reassignment surgery before her birth certificate was updated. Grover expressed disappointment with the judgment, stating that the fight for women’s rights continues. Tickle, on the other hand, found the judge’s decision to be healing after facing hateful comments and mocking merchandise online. She highlighted the prevalence of hate and discrimination towards trans and gender-diverse individuals simply because of who they are. Australian media quoted Tickle as saying this outside the court.
Overall, the court’s ruling on gender identity discrimination in Australia has been lauded as a significant victory for the rights of transgender women. It sends a clear message that treating transgender women differently from cisgender women is unlawful and discriminatory. The case highlights the importance of recognizing gender identity beyond physical appearance and birth sex. The future of the Giggle for Girls platform remains uncertain, with operations temporarily halted but plans for a relaunch in the works. Despite the challenges faced by Tickle and the ongoing fight for women’s rights, this decision represents progress towards greater equality and acceptance for transgender individuals in Australia and beyond.
