Tickle v Giggle: Trans woman wins landmark discrimination case at Australian Federal Court

The Australian Federal Court has ruled in favour of transgender woman Roxanne Tickle, finding that she was indirectly discriminated against by the social media platform Giggle for Girls. This decision reaffirms transgender women’s right to be free from discrimination according to Australian Law.

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Transgender woman Roxanne Tickle sued the social media platform Giggle for Girls after being excluded from its women-only app. Arguing that this exclusion constitutes unlawful discrimination based on gender identity, while the app's founder, Sall Grover, transphobically disputed her status as a woman.

"The applicant sued the respondants Giggle for Girls, and Sally Grover [...] alleging unlawful gender identity discrimination, contrary to s22 of the Sex Discrimination Act." Justice Robert Bromwich said.

"It is not in dispute that Roxanne was prevented from using a mobile phone application, known as the giggle app. The issue whether it is unlawful discrimination"

"[Sall Grover / Giggle did] not accept the legitimacy of Cisgender or transgender. I find both terms useful for discussing the relevant facts"

The court recognized Tickle as a woman whose female sex is officially recognized by a Queensland birth certificate. The Judge additionally noted that "Gender Identity" falls within the scope of "other status" under Section 26 of the Sex Discrimination Act.

”I found that Ms Tickles claim of direct gender identity discrimination fails, but her claim of indirect gender identity discrimination succeeds.” the Judge continued, reading the verdict.

The direct discrimination claim failed because it couldn’t be proven that Giggle intentionally failed to reinstate Ms Tickles’ access to the app.

Ms Tickle is to be paid $10,000 compensation in addition to costs.

However, Sall Grover, CEO of Giggle and host of transgender obsessed YouTube channel “TERF TV”, has previously indicated that she wishes to appeal the decision first to the bench of the Federal Court, then to the High Court of Australia.

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