“What is a woman?” is the question at the center of the latest landmark case involving transgender rights, which has resulted in a significant ruling against the founder of a female-only app. The Australian Federal Court found that banning a transgender woman from Giggle for Girls was an act of unlawful discrimination.
Sall Grover, the founder of the app, was ordered to pay $10,000 in damages and legal costs to Roxanne Tickle, who was removed from the platform in what the judges say was indirect discrimination.
- Australian Federal Court found banning a transgender woman from Giggle for Girls was unlawful discrimination.
- Sall Grover, app founder, must pay $10,000 in damages and legal costs to Roxanne Tickle.
- Ruling shows that all women, including trans women, are protected from discrimination.
- Grover plans to appeal the decision, arguing it infringes on biological women's spaces.
Tickle, however, initially sought to receive a compensation of $200,000.
“The indirect discrimination case succeeded because Ms. Tickle was excluded from the use of the Giggle app because she did not look sufficiently female according to the respondents,” Justice Robert Bromwich said.
While the case marks an important precedent legally for transgender people, detractors are worried about the effects it might have on “female-only” spaces in the future.
Australian court rules in favor of transgender woman in historic case after she was kicked off a female-only app
Image credits: 10 News First
After the verdict, Tickle expressed relief and stated she hoped it would offer healing to the trans community.
“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,” Tickle said in a statement.
Roxanne, who appears as female on her birth certificate, went on to explain that the case had “stolen three years” of her life, as she claimed to have been targeted by hateful online comments and been the subject of ridicule on “degrading merchandise.”
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“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,” she added.
“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.”
Interviews conducted by the Australian network Channel 9 in the aftermath of the decision had lawyers explain that the judgment is ultimately based on “30 years of legal precedent” that allow transgender women to have the same treatment as biological women when it comes to these issues.
Sall Grover announced her intentions of appealing the decision at the Australian High Court, denying she had been found guilty of discrimination against a woman due to her refusal to address Tickle as such
Image credits: andrew gold | heretics.
For Grover, on the other hand, the decision was expected, but it was ultimately disappointing.
“Unfortunately, we got the judgment we anticipated. The fight for women’s rights continues,” the owner wrote on X.
Grover, who identifies as a Trans-Exclusionary Radical Feminist (TERF), maintained her stance on social media and stated that the case’s result ultimately infringes on biological women’s spaces.
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“I’m being taken to federal court by a man who claims to be a woman because he wants to use a woman-only space I created,” she wrote back in November 2023.
“There isn’t a woman in the world who’d have to take me to court to use this woman only space. It takes a man for this case to exist.”
The app owner believes the court’s ruling was done with ulterior motives, particularly political ones
Image credits: Giggle
@sbsnews_auTransgender woman Roxanne Tickle sued social media platform Giggle for Girls, claiming she was unlawfully barred from using the female-only app after the firm said she was a man. Now, Tickle hopes her win can inspire other trans people to “stand up” and “be brave”.♬ original sound – SBS News
Grover went on to explain that she believes there has been a deliberate effort by the justice system to twist previous laws in order to accommodate the inclusion of, in her words, “men as women,” disregarding the argument of the legal precedent as politically motivated.
“In practical terms, [the ruling means that] any man who thinks, or says he’s a woman can access women-only spaces like bathrooms and changing rooms,” explained Rachel Wong, CEO of Women’s Forum Australia.
“I’ve not been found guilty of discriminating against any woman,” said Grover. “Because the crux of the issue is that I don’t acknowledge this male person as a woman.”
Regardless of the victory that the ruling presents to the transgender community, the story is set to continue with the app on standby, and the appeal is yet to be filed
Image credits: ABC News (Australia)
Image credits: salltweets
Giggle for Girls has shut down for the moment, and it will remain inaccessible until the case is resolved to avoid further cases like Tickle’s from surfacing due to its use.
Grover states that the app is “under renovation” on her X page, with a possible reopening based on the results of her appeal, which she intends to present to the Australian High Court at an undisclosed date.
The CEO also launched a crowdfunding campaign to “reclaim sex based rights and protections for all women and girls,” with a target goal of $850,000, of which $578,695 has been raised at the time of writing.
Image credits: 10 News First
Roxanne Tickle, on the other hand, kept a low profile on social media following the events and only made a reference to a hockey game on her X page.
“Oh PS we won our last game of the hockey season tonight. I’m counting today as a good one. I think I’ll sleep well,” she wrote.
Tickle also has a funding page on Ko-fi, unrelated to the specific case, where her supporters can send her money.
The court’s decision sparked fierce debate online, with one side rejoicing over the result and the other lamenting it
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“I support trans people, especially trans women. I’m so saddened to see the recent rise in transphobia & hate. Trans people need love & admiration,” wrote one of Tickle’s fans after donating to her page.
“Easy outcome for anyone who’s been paying attention to Australian law. The legal status of trans people here has been a settled issue for decades,” said another user on Reddit.
“Looks like Australian law is very black & white – trans women are women in the eyes of the law. Thank god for that,” one expressed.
“This makes me happy. I know they will likely appeal, but for now I feel happy,” wrote one reader.
Image credits: ABC News (Australia)
Detractors expressed confusion and outrage at the outcome of the hearing.
“Please appeal and the public will crowdfund you. This decision can’t stand,” said another in support of Grover.
Image credits: 10 News First
“Floods of tears listening to you speak, I am so grateful for your clarity, your courage, your resilience, for you! Thank you for fighting this for all of us,” stated a fan of the CEO.
“Any crowdfunding to finance an appeal? This is madness. As a father to a daughter I’d gladly chip in to fight this nonsense,” said one user.
“Stay strong Roxanne!” Tickle’s supporters celebrated the outcome of the case, as it set a historical legal precedent in favor of trans rights
A lot of lesbian spaces have a lot of transbians. People who say that lesbians should get over their "genital preferences" and tell lesbians that they are being bigots. I do believe there should be some women only spaces where lesbians are not guilted because they don't like "you know what" because I'm sure d**k doesn't get past the censorship here. I am sure I will also be downvoted for this.
Everyone is entitled to genital preference. Nobody should be forced to date/have sex with someone who has genitals that go against their natural attractions. But I see that like having any other appearance preference. Some people are only attracted to tall. Some prefer short. Me, I am only attracted to large, furry men, preferably with a beer gut. That's what my body responds to. Everyone is entitled to that autonomy of who they get intimate with.
Load More Replies...Trans people have rights, but they should not take priority over the rights of the majority, which is women. Erring on the side of caution may mean excluding trans people. Of course, if an algorithm is based purely on appearance, some just don't look very feminine; but some men don't look typically masculine, so it's not a precise science.
I’m female, but fully accept that there are a lot of trans females who are a lot more attractive and more feminine looking than me. Good for them. But just because some may appear less overtly feminine, does not make them any less legitimately female. She looks like a normal person. A lot of women don’t look “pretty.” I thought we were getting past judging women by appearance, even trans ones.
Load More Replies...Look. If something is trauma related I can understand being exclusively biological one sex. But this also means that you are Policing how someone looks as well. I say this as a trans man. I would understand not being allowed into a men's domestic violence group, because I look far to close to those that hurt them. So in cases of trauma yes. This is an App. It's not a trauma recovery club. This isnt your therapist where you want someone with your expirences to be the same as yours. It's an app, not a clinic. If someone is distressed by someone who looks different than expected, then they need to go to an above mentioned support group.
We recently had a case where a transwoman was banned from an all female gym because the owner said her clients need a safe space ( trauma, religious reasons, judgement,..). I think in that case it was a case of everyone loses and there just no way to accomodate all. An all around s****y situation because I understand both sides. But I do not see reason in banning this (trans)woman unless the app is for topics I don't know yet but would seriously suffer through an more open approach.
Load More Replies...What a joke, it's a mental illness, don't give in to the loud ultra minority
If sex is interchangeable, then the word is meaningless and should be considered archaic and only used in historical reference. I guess I should doubt eveything I was ever told when I was taught that female sex was determined by XX chromosomes and male sex was determined by XY chromosomes. What else did they lie about? Was the time spent learning about things wasted?
It's a lot more complicated than xx and xy. One person could have xx chromosomes in some cells and xy in others, for example. Rare, but possible. There are a LOT of variants out there, and we cannot simply toss someone into "female" or "male" categories depending on a single variant.
Load More Replies...The needs of the many outweigh the needs of the few. Can't argue with Mr Spock!
they keep changing the headlines on BP, but the current "Court Ruling Against App Founder Raises Alarms Over Future Of Female-Only Spaces" sounds hella offensive and like something the JKR might write.
Load More Replies...I'm a woman and a female-only app sounds like a nightmare. Don't even get me started on the "Giggle" name. If a man had named this app, it would be seen as demeaning.
If she doesn't accept trans women as being women, does she accept trans men as men? Because if it's only supposed to be about the genitals people are born with, the app would have to include trans men (since the owner would see them as women)...maybe a bunch of trans men should join- we'll see how hypocritical the owner can get
Wait... I am confused. "Roxanne, who appears as female on her birth certificate". So when she was female at birth, how is she now a transgender woman? What am I missing?
She had her birth certificate adjusted.
Load More Replies...This is not "a man seeking to get access to a woman-only space" it's a "trans-woman who has identified as a woman for many years being excluded from a woman-only space because of her looks." If she lives as a woman, being trans shouldn't be a barrier... Is this app suddenly going to allow trans-men who pass as men to join the space because they were born with female genitalia? This is all about restricting who is "feminine enough" to be in the "in" group... how is this different from womens groups in the 50s forcing out divorced women, or feminist groups of the 60s and 70s that excluded lesbians?
We arent women so it shouldn't ... I have a feeling this founder thinks differently though.
Load More Replies...As has been widely and wisely noted, if (as bigots claim) Trans women weren't women and IF they were only pretending and IF they planned sexual assault, they would become cisgender heterosexual male cops instead. Cops can get away with rape and murder, and no one questions it.
Please explain how belief in biological sex makes a person a bigot.
Load More Replies...I wish to clarify that I think the app owner is a horrible, cruel person and a bully. That being said, why did the complainant attempt to join an app where they knew they weren't welcome? There are countless apps and online communities that welcome trans women with open arms. What does Giggle offer that those other ones don't? What is the complainant losing by not being a part of it? Why bother? This isn't like a physical restaurant you can't enter. It's the Internet. I'm glad she won, but part of me wonders if this will do more damage in the long run.
While I am with you and would not use and app named giggle there is a female target audience for it and all that stereotypical stuff. To put it blunt: no shaming the jeans and combat boots crowd but no shaming the "girly" (for lack of a better word) crowd either
Load More Replies...A lot of lesbian spaces have a lot of transbians. People who say that lesbians should get over their "genital preferences" and tell lesbians that they are being bigots. I do believe there should be some women only spaces where lesbians are not guilted because they don't like "you know what" because I'm sure d**k doesn't get past the censorship here. I am sure I will also be downvoted for this.
Everyone is entitled to genital preference. Nobody should be forced to date/have sex with someone who has genitals that go against their natural attractions. But I see that like having any other appearance preference. Some people are only attracted to tall. Some prefer short. Me, I am only attracted to large, furry men, preferably with a beer gut. That's what my body responds to. Everyone is entitled to that autonomy of who they get intimate with.
Load More Replies...Trans people have rights, but they should not take priority over the rights of the majority, which is women. Erring on the side of caution may mean excluding trans people. Of course, if an algorithm is based purely on appearance, some just don't look very feminine; but some men don't look typically masculine, so it's not a precise science.
I’m female, but fully accept that there are a lot of trans females who are a lot more attractive and more feminine looking than me. Good for them. But just because some may appear less overtly feminine, does not make them any less legitimately female. She looks like a normal person. A lot of women don’t look “pretty.” I thought we were getting past judging women by appearance, even trans ones.
Load More Replies...Look. If something is trauma related I can understand being exclusively biological one sex. But this also means that you are Policing how someone looks as well. I say this as a trans man. I would understand not being allowed into a men's domestic violence group, because I look far to close to those that hurt them. So in cases of trauma yes. This is an App. It's not a trauma recovery club. This isnt your therapist where you want someone with your expirences to be the same as yours. It's an app, not a clinic. If someone is distressed by someone who looks different than expected, then they need to go to an above mentioned support group.
We recently had a case where a transwoman was banned from an all female gym because the owner said her clients need a safe space ( trauma, religious reasons, judgement,..). I think in that case it was a case of everyone loses and there just no way to accomodate all. An all around s****y situation because I understand both sides. But I do not see reason in banning this (trans)woman unless the app is for topics I don't know yet but would seriously suffer through an more open approach.
Load More Replies...What a joke, it's a mental illness, don't give in to the loud ultra minority
If sex is interchangeable, then the word is meaningless and should be considered archaic and only used in historical reference. I guess I should doubt eveything I was ever told when I was taught that female sex was determined by XX chromosomes and male sex was determined by XY chromosomes. What else did they lie about? Was the time spent learning about things wasted?
It's a lot more complicated than xx and xy. One person could have xx chromosomes in some cells and xy in others, for example. Rare, but possible. There are a LOT of variants out there, and we cannot simply toss someone into "female" or "male" categories depending on a single variant.
Load More Replies...The needs of the many outweigh the needs of the few. Can't argue with Mr Spock!
they keep changing the headlines on BP, but the current "Court Ruling Against App Founder Raises Alarms Over Future Of Female-Only Spaces" sounds hella offensive and like something the JKR might write.
Load More Replies...I'm a woman and a female-only app sounds like a nightmare. Don't even get me started on the "Giggle" name. If a man had named this app, it would be seen as demeaning.
If she doesn't accept trans women as being women, does she accept trans men as men? Because if it's only supposed to be about the genitals people are born with, the app would have to include trans men (since the owner would see them as women)...maybe a bunch of trans men should join- we'll see how hypocritical the owner can get
Wait... I am confused. "Roxanne, who appears as female on her birth certificate". So when she was female at birth, how is she now a transgender woman? What am I missing?
She had her birth certificate adjusted.
Load More Replies...This is not "a man seeking to get access to a woman-only space" it's a "trans-woman who has identified as a woman for many years being excluded from a woman-only space because of her looks." If she lives as a woman, being trans shouldn't be a barrier... Is this app suddenly going to allow trans-men who pass as men to join the space because they were born with female genitalia? This is all about restricting who is "feminine enough" to be in the "in" group... how is this different from womens groups in the 50s forcing out divorced women, or feminist groups of the 60s and 70s that excluded lesbians?
We arent women so it shouldn't ... I have a feeling this founder thinks differently though.
Load More Replies...As has been widely and wisely noted, if (as bigots claim) Trans women weren't women and IF they were only pretending and IF they planned sexual assault, they would become cisgender heterosexual male cops instead. Cops can get away with rape and murder, and no one questions it.
Please explain how belief in biological sex makes a person a bigot.
Load More Replies...I wish to clarify that I think the app owner is a horrible, cruel person and a bully. That being said, why did the complainant attempt to join an app where they knew they weren't welcome? There are countless apps and online communities that welcome trans women with open arms. What does Giggle offer that those other ones don't? What is the complainant losing by not being a part of it? Why bother? This isn't like a physical restaurant you can't enter. It's the Internet. I'm glad she won, but part of me wonders if this will do more damage in the long run.
While I am with you and would not use and app named giggle there is a female target audience for it and all that stereotypical stuff. To put it blunt: no shaming the jeans and combat boots crowd but no shaming the "girly" (for lack of a better word) crowd either
Load More Replies...
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