Today, the Federal Court has affirmed Ms Roxanne Tickle’s right to be treated with dignity and respect, finding that Giggle for Girls women’s app and its owner Ms Sally Grover indirectly discriminated against her by removing her from the app.
Justice Bromwich found that Ms Tickle as a trans woman is protected against unlawful discrimination under the Sex Discrimination Act 1984 (Cth) (‘SDA’). Ms Tickle has the right to access services free from discrimination, the same as all women.
His Honour also found that the protections against gender identity discrimination in the SDA are constitutionally valid, meaning that other trans people experiencing discrimination will be able to challenge this in court with the confidence the law protects them as intended.
In his decision, Justice Bromwich commented on the behaviour of Ms Grover, including laughing at an offensive caricature of Ms Tickle during the trial:
“[Ms Grover’s] explanation, that it was funny in the context of the courtroom, was obviously disingenuous. It was offensive and belittling, and had no legitimate place in the respondents prosecuting their case.”
Ms Roxanne Tickle
Statement from Ms Roxanne Tickle
“Mostly I get to just live my life and be who I am. But 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.
“I have been targeted by hateful online commentary and degrading merchandise designed to ridicule and mock me.
“There is so much hate and bile cast on trans and gender diverse people, simply because of who we are. Sometimes it's difficult to remember that not all people think like that. When I walked into the courtroom for the hearing in April I felt safe because I was treated with courtesy and respect and allowed to tell my story.
“The hate has not just affected me, it's hurt so many trans and gender diverse people.
“Since I found out this week that the decision is finally coming I’ve been bursting into tears at different moments because I know that soon this will be over.
“I’m pleased by the outcome of my case, and I hope it is healing for trans and gender diverse people. The ruling shows that all women are protected from discrimination. I brought my case to show trans people that you can be brave, and you can stand up for yourself. I know that I can now get on with the rest of my life and have a coffee down the road with my friends, play hockey with my team and put this horribleness behind me. “
Quote attributable to Jackie Turner, Trans Justice Project
“The decision today is a major step forward for the freedom and equality of all women. It affirms that women who are trans are indeed protected from discrimination under the current laws, the same as all other women.”
“Roxy has shown incredible bravery in standing up to a campaign of bullying and harassment to fight for the rights of the trans and gender diverse community. She should be incredibly proud of what she has managed to achieve.”
“Our 2023 research found that 1 in 2 trans and gender diverse people had experienced anti-trans hate in the last 12 months. This included workplace bullying, streetbased harassment and threats o violence and sexual assault.”
Quote attributable to Eloise Brook, Health and Communications Manager, The Gender Centre
“Trans women want the same thing as everyone else, to live our lives in peace and be treated with dignity and respect. Unfortunately, a vocal minority is bizarrely obsessed with our existence, and makes it their job to try to ruin our lives. I’m proud of Roxy for standing up for our right to live free from discrimination, and secure a more inclusive and caring society for us all.”
Quote attributable to Professor Paula Gerber, Faculty of Law, Monash University
“This decision is a great win for transgender women in Australia. The Court explicitly found that the Giggle for Girls App indirectly discriminated against Roxanne Tickle on the basis of her gender identity, in breach of the Sex Discrimination Act. She was excluded after Sally Grover, the Chief Executive, looked at the photo Roxanne Tickle had uploaded with her application, and reached the visual conclusion that she was a man.
“This case sends a clear message to all Australians that it is unlawful to treat transgender women differently from cisgender women. It is not lawful to make decisions about whether a person is a woman based on how feminine they appear.
“The Federal Court also rejected Giggle’s argument that the Sex Discrimination Act is unconstitutional because the Federal Government did not have the power to enact such laws. Justice Bromwich found that the Foreign Affairs power in the Australian Constitution authorises the government to enact laws giving effect to its international treaty obligations. The Sex Discrimination Act gave effect to Australia’s obligations under Article 26 of the International Covenant on Civil and Political Rights, which provides that ‘All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.’ The judge held that the words ‘other status’ include discrimination on the basis of gender identity. Thus, the Sex Discrimination Act, including the 2013 amendments to it regarding gender identity discrimination were constitutional.
More comments from Professor Gerber are available in the Monash University media release.
Quotes attributable to Isabelle Reinecke, Founder and Executive Director, Grata Fund
“This case is about trans and gender diverse people having the freedom to be themselves, to find belonging in their communities, and to be treated fairly and equally before the law.”
“Throughout history there have always been those who have tried to stop equality by separating women out based on their race, class, sexuality and gender identity and Ms Tickle’s case has affirmed the right for all women to be treated with dignity and respect.”
Ms Tickle was represented by Barry Nilsson instructing Georgina Costello KC, Briana Goding and Elodie Nadon of counsel. Grata Fund provided the financial backing Ms Tickle needed to get her case to court.
Media inquires: Belinda Lowe, [email protected] or 0428 805 696
- Spokes are available for comment.
- Media assets and a decision summary are available here.
Case background
Ms Roxanne Tickle has claimed alleged unlawful discrimination on the basis of gender identity under the Sex Discrimination Act 1984 (Cth) (SDA). Ms Tickle is a transgender woman living in New South Wales. She was assigned male at birth and has since undergone gender affirmation surgery. Her birth certificate has been amended to record her sex as female. The respondents Giggle for Girls Pty Ltd and its CEO, Ms Sally Grover operate Giggle, a social media app advertised as an app exclusively for women.
The Giggle app requires users to upload a ‘selfie’ as part of the registration process. The respondents then use a combination of AI and visual observation to make an assessment of each potential user’s sex before they are registered. Ms Grover has said publicly that she does not consider transgender women to be women and that they are not permitted to access the Giggle app.
In 2021, the applicant signed up for an account on Giggle, uploaded a selfie and was initially able to use the app. However, shortly after, her access to the app’s features was highly restricted. She attempted to resolve this issue with the respondents but the respondents continued to deny her access to the app. In April 2022, Ms Grover told The Australian that the applicant was manually removed from the Giggle app because “they are male”, based on a visual assessment of the applicant’s selfie.
In December 2021 Ms Tickle filed her complaint of discrimination on the ground of gender identity with the Australian Human Rights Commission. The complaint was terminated by AHRC in April 2022 because Ms Grover refused to participate in the conciliation. Ms Tickle filed her discrimination matter in the Federal Court in December 2022.