The Federal Court in Australia ruled in favor of transgender woman Roxanne Tickle in a discrimination case against the female-only social networking platform Giggle for Girls. Tickle was removed from the platform by founder Sally Grover after Grover saw her photo and considered her to be male. The court found that this constituted indirect gender identity discrimination, ordering Giggle for Girls to pay Tickle A$10,000 plus legal costs. This landmark decision is the first ruling on gender identity discrimination by the Federal Court since changes to the Sex Discrimination Act in 2013.
Professor Paula Gerber of Monash University hailed the decision as a win for transgender women in Australia, emphasizing that it is unlawful to treat transgender women differently from cisgender women based on appearance. Giggle for Girls, marketed as a “safe space” for women, is set to relaunch after suspending operations in 2022.
Judge Robert Bromwich noted that Giggle for Girls only considered sex at birth as a valid basis for determining a person’s gender, ignoring Tickle’s gender-affirming surgery and updated birth certificate. Grover expressed disappointment in the judgment, while Tickle described the verdict as healing and highlighted the hate and discrimination faced by trans and gender diverse individuals. The case serves as an important reminder of the legal protections afforded to transgender individuals in Australia.
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