Trans woman Roxanne Tickle has won her discrimination case against the social media app Giggle for Girls after being barred from the platform.
The Federal Court’s decision on Friday is considered a landmark test of trans rights under Australian law.
Tickle, a transgender woman from regional NSW, sued the platform and its CEO, Sall Grover, claiming she was barred from using the app in 2021 after the company and Grover said she was a man.
Speaking outside the court on Friday, Tickle said the case had consumed the last three years of her life.
“I have been targeted by hateful online commentary and hateful online merchandise designed to ridicule and mock me,” she said.
“Mostly I get to live my life and be who I am, but a small group of people have taken it upon themselves to declare that I am not who I know I am.
“There is so much hate and bile cast on trans and gender-diverse people simply because of who we are. Sometimes it is difficult to remember that not all people are like that.
“I bought my case to show to show trans people that you can be brave and you can stand up for yourself.
“I know I can now get on with the rest of my life.”
The court heard that Tickle has lived as a woman since 2017, has a female birth certificate, and has undergone gender affirmation surgery, according to The Guardian.
Justice Robert Bromwich found that Giggle had indirectly discriminated against Tickle after excluding her “from the use of the Giggle app because she did not look sufficiently female”.
The female-only app, which shut down in August 2022, required users to upload a selfie to be verified as a woman by AI gender-detection software and by Grover.
Giggle argued that the discrimination was permissible because Tickle was of the male sex, which they claimed was unchangeable.
Bromwich disagreed, stating that “on its ordinary meaning, sex is changeable.”
Grover, who refused to address Tickle as “Ms”, told the court she still viewed Tickle as a biological male, despite evidence to the contrary.
The former chief executive said she would consider an appeal but told reporters that she expected the verdict. “I am not surprised,” she said when asked about the ruling.
On social media, Grover added, “Unfortunately, we got the judgment we anticipated. The fight for women’s rights continues.”
Changes made to the Sex Discrimination Act in 2013 made it unlawful to discriminate against a person on the basis of sexual orientation, gender identity, or intersex status.
The Giggle case, the first time gender identity discrimination has been heard by the Federal Court, is expected to have wide-reaching implications.
“We now know the [2013] amendments are absolutely valid and you cannot discriminate on the basis of sexual orientation or sexual identity,” said Sex Discrimination Commissioner Dr Anna Cody outside court.
“This judgement sends a message that we want an inclusive society in which all can participate and that includes trans people as well as people who have a range of sexual orientations and that we want a society in which all can participate and not be treated unfairly in education, in work and in access to goods and services.”
Tickle had initially sought $200,000 in damages, including aggravated damages, but the judge awarded her $10,000 plus costs.
Eliot Hastie is a senior news producer at Channel Ten, reporting on a range of general stories, specialising in foreign affairs and LGBTQ+ stories. He’s also a reporter for Gay Sydney News, where he covers LGBTQIA+ culture, politics and nightlife. He previously helped to build and launch ausbiz, Australia's only live streaming finance news channel, where he was also an executive producer and host. He has previously worked as a finance and business journalist for publications including Fintech Business, Real Estate Business and other Momentum Media titles. Eliot holds a journalism degree from the University of Westminster and brings experience in both broadcast and digital reporting. Contact Eliot: eliot.hastie@gaysydneynews.com.au
