In a landmark decision on gender identity in Australia, a court ruled that removing a transgender woman from the female-only social networking platform Giggle for Girls was discriminatory. Roxanne Tickle sued the app and its founder for unlawful gender identity discrimination, stating that her account was revoked after being seen as male. The court ordered Giggle for Girls to pay Tickle $10,000 plus legal costs but did not require a written apology.
The Federal Court found that while Tickle’s direct gender identity discrimination claim failed, the indirect discrimination claim was successful. This ruling is the first of its kind since changes were made to the Sex Discrimination Act in 2013. The decision sends a message that it is unlawful to treat transgender women differently from cisgender women based on appearance.
Giggle for Girls, a platform for women to share experiences, had 20,000 users in 2021 and is set to relaunch soon after suspending operations in 2022. The court found that the platform only considered sex at birth as valid for claiming to be a man or woman, despite Tickle undergoing gender-affirming surgery and updating her birth certificate.
Founder Sally Grover expressed disappointment in the judgment, stating that the fight for women’s rights continues. Tickle, who faced online hate and mocking merchandise, welcomed the healing verdict and highlighted the hate directed at transgender and gender diverse individuals. This case showcases the ongoing struggles for equality and acceptance of transgender individuals in Australia.
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