Australian Court Rules in Favor of Transgender Woman in Landmark Gender Discrimination Case

[Social Media]

 

In a historic decision, the Federal Court of Australia has ruled that a transgender woman, Roxanne Tickle, was subjected to "indirect gender discrimination" when she was removed from the female-only social media platform, Giggle for Girls. The ruling marks the first time the court has addressed gender identity discrimination since the Sex Discrimination Act was amended in 2013 to include protections for sexual orientation, gender identity, and intersex status.

 

Roxanne Tickle, a transgender woman from New South Wales, had filed a lawsuit against Giggle for Girls and its founder, Sally Grover, in 2022, alleging unlawful gender identity discrimination after she was blocked from the platform in 2021. Tickle claimed that her account was revoked after Grover saw her photo and "considered her to be male." The case brought attention to the issue of how transgender individuals are treated on platforms designed exclusively for women.

 

 

Judge Robert Bromwich, who presided over the case, ruled that although Tickle was not directly discriminated against, her claim of indirect discrimination was upheld. He concluded that using the Giggle App required Tickle "to have the appearance of a cisgender woman," thereby subjecting her to indirect discrimination. As a result, the court ordered Giggle for Girls and Grover to pay Tickle $10,000 (approximately £5,142) in general compensation, along with covering her legal costs.

 

While Tickle’s claim for an apology from the platform was denied, with the judge deeming it "futile and inappropriate to require an inevitably insincere apology," the ruling was nonetheless a significant victory for Tickle and for transgender rights in Australia. Outside the court, Tickle expressed her relief and satisfaction with the outcome, describing the verdict as "healing." She emphasized the broader implications of the case, noting, "There is so much hate and bile cast on trans and gender diverse people simply because of who we are."

 

The case has generated considerable attention and debate, particularly in light of Grover's stance on the issue. Grover, who founded Giggle for Girls as a platform for women, expressed her disappointment with the ruling, stating on social media platform X (formerly Twitter), "Unfortunately, we got the judgment we anticipated. The fight for women's rights continues." Grover has since launched a fundraiser to appeal the decision, indicating that the legal battle may not be over.

 

Tickle, who has lived as a woman since 2017 and underwent gender-affirming surgery in 2019, is legally recognized as a woman and is identified as female in the Queensland Register. Her case against Giggle for Girls centered on the platform’s requirement for users to upload a selfie for verification, a process overseen by artificial intelligence to confirm the user’s gender as female. Although the AI initially identified Tickle as a woman when she signed up in February 2021, her access to the app was later restricted and eventually revoked. Tickle alleged that this occurred after Grover saw her photo, although Judge Bromwich noted that "there is no firm basis" to conclude that Grover was aware of Tickle’s gender identity at the time.

 

In his ruling, Judge Bromwich addressed the complexities of the case, acknowledging that while there was no direct evidence proving Tickle was excluded due to her gender identity, it was "possible that this was the real but unproven reason." He further highlighted Grover’s views on sex and gender, which were made clear during the trial. When asked if she would accept a transgender woman as female if they had medically transitioned and were legally recognized as such, Grover stated that she "would not view that person as a woman."

 

The judge also criticized Grover's conduct during the trial, particularly her behavior when she was seen "laughing, in the course of her oral evidence, at a demeaning caricature of Ms Tickle." He dismissed her explanation that the laughter was "funny in the context of the courtroom," calling it "obviously disingenuous" and labeling her behavior as "offensive and belittling." Judge Bromwich made it clear that such conduct had "no legitimate place" in the respondents' case.

 

The ruling has set a significant precedent in Australian law, affirming the rights of transgender individuals against discrimination, particularly in contexts where gender identity intersects with access to female-only spaces. As the case continues to unfold, with Grover’s anticipated appeal, it will likely remain a focal point in the ongoing discourse on gender identity and discrimination in Australia.

 

Credit: Sky News 2024-08-27

 

 

 

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[jippytum]

Why does the world go to great lengths to appease men in frocks to the detrement  of  real  females. 

[soalbundy]

Christ! Tickle looks ugly as a man never mind as a 'woman'. The judge should be made to go out on a date with Tickle to show how woke he is.

[thaibeachlovers]

12 hours ago, Social Media said:

Tickle, who has lived as a woman since 2017 and underwent gender-affirming surgery in 2019, is legally recognized as a woman and is identified as female in the Queensland Register.

She can get plastic in "her" chest and have it turned inside out to make a fake vagina, but "her" chromosomes are still male.

Seems Australia has joined the US in a race to doom. Real end of civilization stuff IMO.

 

Frankly I don't know which side I'm on as up till recently it was all going women's way, and men were being marginalised in the Brave New World. However, it now seems that fake women are robbing women of the ultimate domination of men that IMO they seek.

 

I just wish it was push back by real men and not fake women.

Edited August 27 by thaibeachlovers

[Smokey and the Bandit]

One sentence i can't find in this article was "But Justice Robert Bromwich said in his decision on Friday that case law has consistently found sex is “changeable and not necessarily binary”, ultimately dismissing Giggle’s argument.

https://www.bbc.com/news/articles/c07ev1v7r4po

 

Now of course it is biologically impossible for a person to change his or her sex, so both the judge and Tickle need to see a psychiatrist.

Now it is not me saying a person cannot change sex, I am no expert, but Prof Robert Winston is! Amongst other things he is a Biologist and a Medical doctor!Just watch the first minute!

 

Edited August 27 by Smokey and the Bandit

[JonnyF]

Once again, Australia repeating all of the UK's mistakes.

 

This bloke needs to give his head a shake and get out of women's spaces. 

[riclag]

14 minutes ago, thaibeachlovers said:

She can get plastic in "her" chest and have it turned inside out to make a fake vagina, but "her" chromosomes are still male.

Seems Australia has joined the US in a race to doom. Real end of civilization stuff IMO.

 

Frankly I don't know which side I'm on as up till recently it was all going women's way, and men were being marginalised in the Brave New World. However, it now seems that fake women are robbing women of the ultimate domination of men that IMO they seek.

 

I just wish it was push back by real men and not fake women.

 

Trust your gut feeling.

 

“I just wish it was push back by real men and not fake women”.

What ideology what political party pushes this fake woman nonsense, imop thats everywhere and most importantly 

Why !

 

 

Edited August 27 by riclag

[WDSmart]

I agree that Tickle looks more like a male than a female, but I support the court's decision.

First, I do not favor restricting membership in an organization, especially an online organization, to only those of a particular gender, race, religion, etc.
Second, Grover, the founder of Giggle for Girls, shouldn't be allowed to determine someone's gender from a photo.

[john donson]

21 hours ago, jippytum said:

Why does the world go to great lengths to appease men in frocks to the detrement  of  real  females. 

 

let's say they are 1% of the population, with severe mental disease, forcing everybody in their f up world views

 

xx girl

xy boy