Giggle for Girls founder appeals finding that app discriminated against transgender women | Transgender

Giggle for Girls and Sall Grover are appealing a court ruling that found the women-only social media app and its CEO unlawfully discriminated against transgender woman Roxanne Tickle.

Grover filed an appeal Tuesday afternoon, formally challenging Judge Robert Bromwich's landmark August decision in the first gender identity discrimination case pending in federal court.

Bromwich found Tickle, a trans woman from regional New South Wales, was unlawfully subjected to indirect discrimination when she was banned from using the Giggle app in 2021 “for not looking sufficiently feminine”. The basis for the decision was that “gender in its ordinary meaning is mutable.”

In a statement on Thursday, Grover said the ruling was flawed in its interpretation of gender under the Sex Discrimination Act, failed to recognize that the Giggle app promoted equality between women and men and failed to take into account critical evidence.

Grover said Bromwich's finding “misinterprets the fundamental rights of women and girls and the principles of single-sex spaces that are essential to their safety and dignity.”

“This case highlights a critical debate about gender identity and the need to protect the rights of both genders in our society.”

Tickle said she was “very disappointed” with the development.

“After the sex change, the happiest years of my life were supposed to be. I had my new life ahead of me and now I'm being dragged back to court for who knows how long. All because of a very small group of people who are committed to making the lives of people they have never met very difficult,” she said.

“There are transsexual and genderqueer people. Our legal system recognizes this. Society as a whole is aware of this. I shouldn’t have to spend years of my life in court either proving my existence or enforcing my existing legal rights.”

Jackie Turner, director of the Trans Justice Project, said: “The Federal Court’s decision was a huge step forward for the freedom and equality of all women.

“It has been confirmed that transgender women are indeed protected from discrimination under current laws, just like all other women. “It is regrettable that Grover is attempting to undo this positive progress.”

During the three-day trial in April, the court heard that Tickle had been living as a woman since 2017, had a birth certificate indicating her gender was female, had undergone gender confirmation surgery and “psychologically felt that she was a woman.” is”.

Respondents claimed that biological sex was immutable and that the app was intended to be an online haven for women.

“Sex is discriminatory, always has been and always will be…biological sex must take precedence,” Nolan said.

Tickle was awarded $10,000 in compensatory damages and limited costs. She had sought $200,000 in compensatory and greater damages, claiming that continued misconduct by Grover had led to constant anxiety and occasional suicidal thoughts.

Following the verdict, Tickle said she had become “the target of hateful online comments and demeaning merchandise designed to ridicule and mock” and that she hoped her victory “brings healing to trans and gender diverse people.”

In Thursday's statement, Grover said: “As we advance our appeal, we emphasize that women who stand up for their rights, including the right to single-sex spaces, act with courage, honesty and integrity.”

“This is not an act of unkindness or bigotry; Rather, it stands for fairness, honesty and truth and celebrates the unique experiences and challenges women and girls face.”

The case has been closely watched by trans and women's rights groups around the world and has implications for public spaces, sports and men's and women's clubs.

Changes to the law in 2013 made it illegal under federal law to discriminate against a person based on their sexual orientation, gender identity or intersex status.

Grover said Stuart Wood KC would join her legal team of Bridie Nolan, Anca Costin and former Liberal Party candidate Katherine Deves, who failed to have the case heard out of court in June 2023.