Tickle v Giggle: Trans Woman Wins Landmark Gender Discrimination Case

After suing ‘cisgender women-only’ app Giggle, transgender woman Roxanne Tickle has been awarded $10,000 plus costs as a judge determined she had been discriminated against based on her gender.

The Tickle v Giggle case began in April 2024. The case was brought to court by Roxanne Tickle, a transgender woman, after she was removed from Giggle for Girls, a social media platform that says it is ‘for women’.

Ms Tickle has said that she was denied access on the grounds of being a trans woman, and that Giggle for Girls CEO Sall Grover looked at photos and considered her ‘male’.

This morning, federal court justice Robert Bromwich handed down the landmark decision, saying that the defendants considered “sex” to mean someone’s sex at birth.

Bromwich says this argument failed, because it’s in direct conflict with cases decided by courts going back more than three decades, where it’s been clearly established that sex is changeable.

Indirect gender discrimination committed by Sall Grover

Bromwich found that indirect gender discrimination took place when Tickle “was excluded from the use of the Giggle app because she did not look sufficiently female.”

Professor Paula Gerber from Monash Faculty of Law explains that indirect discrimination means there was “insufficient evidence to prove that Sall Grover knew that Roxanne Tickle was transgender”.

Judge Bromwich said, “I am left to conclude that it is most likely she did not know that Ms Tickle was a transgender woman when she reviewed her selfie, and instead excluded her on the quick or reflexive decision that she appeared to Ms Grover to be a male.

“Of course, given Ms Grover’s views, her decision almost certainly would have been the same had she been aware of Ms Tickle’s gender identity.”

Tickle v Giggle: a landmark case for transgender people in Australia

Bromwich also found that the protections against gender identity discrimination in the Act are constitutionally valid – which means that other trans people experiencing discrimination will be able to challenge this in court with the confidence the law protects them as intended.

It is the first time the gender identity discrimination provisions have been tested since they were added to the Sex Discrimination Act in 2013. This means the decision is the first of its kind for the Act, and is a landmark moment for the transgender community, and the LGBTQIA+ community as a whole in Australia.

“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,” said Professor Gerber.

“She was indirectly discriminated against because Sally Grover did not think Ms Tickle looked sufficiently female. The Court found that ‘The imposed condition of needing to appear to be a cisgendered female in photos submitted to the Giggle App had the effect of disadvantaging transgender women who did not meet that condition, and in particular Ms Tickle.’

“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.”

Tickle hopes result of case “is healing for trans and gender-diverse people”

Roxanne Tickle released an emotional and powerful statement after the judgement was handed down, saying she is “pleased by the outcome of my case, and I hope it is healing for trans and gender diverse people”.

“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,” says Tickle.

“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.“