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MEDIA RELEASE: Ms Grover attempts to overturn Federal Court finding that she discriminated against Ms Tickle because she is a trans woman

In August this year, the Federal Court 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 Ms Tickle on the basis of her gender identity by removing her from the app.

Justice Bromwich found that Ms Tickle as a trans woman is protected from 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.

Today, Ms Sally Grover appealed the finding of discrimination against her to the Full Federal Court. Ms Grover is appealing the entire judgment of Justice Bromwich, including the special measure argument that was dismissed as conflicting with longstanding law on the operation of the Sex Discrimination Act. 

Quote attributable to Ms Roxanne Tickle:

“I’m very disappointed that Ms Grover has decided to appeal the judge's ruling that she discriminated against me because I’m a trans woman. Post-gender transition should be the most joyous years of my life. I had my new life ahead of me, and now I am 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’ve never met very difficult. 

“Trans and gender diverse people exist. Our legal system recognises this. Society at large recognises this. I shouldn’t have to spend years of my life in court to either prove I exist or to have my existing legal rights upheld.

“Marginalised communities have always had to fight to be treated with respect and dignity, and I will continue on, strengthened by the support of the trans and gender diverse community, the feminist movement and friends and allies across the community, until trans people can live our lives true to who we are.”

Quote attributable to Jackie Turner, Trans Justice Project:

“The Federal Court’s decision was a major step forward for the freedom and equality of all women. It affirmed that women who are trans are indeed protected from discrimination under the current laws, the same as all other women. It is unfortunate that Ms. Grover is trying to undo this positive progress.”

“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 remain incredibly proud. We’re with her all the way.”

 

In his decision at paragraph 276, Justice Bromwich commented on Ms Grover’s behaviour, which 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.”

The Australian Human Rights Commission, who intervened in the case as a ‘friend of the court’, welcomed the Court’s recognition that every individual, regardless of their gender identity, deserves equal and fair treatment under the law, and that sex and gender identity are not mutually exclusive.

The Court also found that the protections against gender identity discrimination in the SDA are constitutionally valid — dismissing Ms Grover’s attempts to prove otherwise — meaning that other trans people will be able to challenge unlawful discrimination in court with the confidence that the law protects them as intended. 

Research from the Trans Justice Project in 2023 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 of violence and sexual assault.


Case background:

Ms Roxanne Tickle brought a claim against the respondents, alleging that she had been unlawfully discriminated against on the basis of her 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 required users to upload a ‘selfie’ as part of the registration process. The respondents then used a combination of AI and visual observation to make an assessment of each potential user’s sex before they were registered. 

In 2021, Ms Tickle 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 Ms Tickle was manually removed from the Giggle app because “they are male”, based on a visual assessment of Ms Tickle’s selfie. Ms Grover continued to make public comments stating her view that trans women are not women and should not be allowed to access the Giggle app.

In December 2021, Ms Tickle filed her complaint of discrimination on the grounds of gender identity with the Australian Human Rights Commission. The complaint was terminated by the Commission 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.

In August this year, the Federal Court found that Giggle for Girls women’s app and its owner Ms Sally Grover indirectly discriminated against Ms Tickle 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.


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