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Australian Federal Court. Source: istock. Banning a transgender woman from a female-only app constituted unlawful discrimination, a judge has found in a landmark gender-identity case. The decision that Roxanne Tickle suffered indirect discrimination marked the first time the Federal Court had weighed into gender identity discrimination.
In a finding that could also have implications for other female-only spaces, Bromwich found that even if considered a special measure to promote equality, the Giggle app was not allowed to discriminate on the basis of gender identity. He distinguished discrimination based on gender identity and based on sex. The latter was based on an online campaign allegedly waged against her by Grover largely on the social media platform X, formerly known as Twitter.
Tickle was blocked from the Giggle app in September on the basis of her gender, despite a birth certificate listing her as female, the court was told during a series of often-heated hearings in April. The court was told Grover created the Giggle app as a "safe space" for women to interact with each other, free from male patterns of online violence.
Giggle's barrister Bridie Nolan argued Tickle was a man so it was lawful to exclude her from the app because of provisions in the Sex Discrimination Act. She told Bromwich the court was faced with the impossible task of determining whether a person was a woman based on their "psychological state" and having undergone surgery to remove their reproductive organs.
