In a landmark decision, the Federal Court of Australia has ruled in favor of Roxanne Tickle, a transgender woman who sued the women-only social media app Giggle for Girls after being banned from the platform.
What did Roxanne Tickle sue Giggle for?
Giggle for Girls was designed as a social networking platform aimed at providing a “safe space” for women to connect and share experiences without the presence of men. Sounds great right? Here’s where things get weird — users are required to submit a selfie for verification, which is then assessed by artificial intelligence to confirm their gender. Yikes!
The app was intended to foster a supportive community, but it has faced scrutiny over its policies regarding who qualifies as a woman.
Roxanne Tickle initially joined Giggle for Girls in February 2021, passing the app’s AI-powered photo verification process. However, her account was later restricted after the app’s founder, Sall Grover, “considered [Tickle] to be male”. Tickle, who identifies as a woman filed a lawsuit in December 2021 claiming discrimination based on gender identity.
In a complaint with the Australian Human Rights Commission, Tickle wrote, “I believe that I am being discriminated against by being provided with extremely limited functionality of a smartphone app by the app provider compared to that of other users because I am a transgender woman.
“I am legally permitted to identify as female.”
How did the court rule in the Tickle vs Giggle case?
Justice Robert Bromwich ruled that while Tickle had not been directly discriminated against, she had suffered indirect discrimination. The court found that the conditions imposed by Giggle for its users effectively required Tickle to conform to a specific appearance of femininity, which was in fact discriminatory.
The judge stated, “On its ordinary meaning, sex is changeable,” rejecting the notion that gender identity should be determined solely by biological factors at birth.
Giggle for Girls and Grover are required to pay Tickle $10,000 in general compensation as well as cover any legal costs she may have incurred.
What impact does Roxanne Tickle’s win actually have?
Outside the courthouse after the final ruling, Tickle expressed how relieved she felt, but also how exhausted she is from the whole ordeal.
She said, “A small group of people have taken it upon themselves to declare that I am not who I know I am, and they have set about making my life miserable.
“This case, and the unlawful and discriminatory exclusion from the Giggle app, has stolen the last three years of my life.”
Meanwhile, it doesn’t seem like Grover will be stopping her discriminatory antics any time soon saying, “Unfortunately it is the judgement we anticipated and the fight for women’s rights in Australia continues.”
This case has sparked broader conversations about the rights of transgender individuals in gender-specific spaces. Legal experts suggest that the ruling could set a precedent for future cases involving gender identity discrimination, emphasising that all women, regardless of their gender history, should have equal access to women-only spaces.
Equality Australia CEO Anna Brown said in a statement, “This judgment confirms that discrimination laws exist to protect all of us, particularly groups such as trans women who have experienced historical exclusion and disadvantage.”
Tickle hopes the ruling shows that, “all women are protected from discrimination.”
She said, “I brought my case to show trans people that you can be brave and that you can stand up for yourself.”
“I know that I can now get on with the rest of my life … and put all of this horribleness behind me.”
Lead image: AAP Images
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