An Australian court has ordered a women-only social media app, “Giggle for Girls,” to a transgender woman, Roxanne Tickle, after she was denied access due to being perceived as male.
The Federal Court ruled in favor of Tickle, awarding her A$10,000 ($6,700; £5,100) in damages, plus legal costs, for what the court identified as indirect discrimination.
Tickle, who has been living as a woman since 2017, initially joined the app in 2021, which is marketed as a safe space exclusively for women. To access the platform, users must upload a selfie that is assessed by gender recognition software designed to exclude men. Tickle successfully joined the platform but had her membership revoked seven months later.
Feeling discriminated against, Tickle sued the app and its CEO, Sall Grover, arguing that she was entitled to use services meant for women and that her gender identity should have been recognized. She also sought A$200,000 in damages, claiming that Grover’s public comments about her led to “constant anxiety and occasional suicidal thoughts.”
“Grover’s public statements about me and this case have been distressing, demoralising, embarrassing, draining and hurtful. This has led to individuals posting hateful comments towards me online and indirectly inciting others to do the same,” Tickle said in an affidavit.
Giggle’s legal team argued that sex is a biological concept and that the app was designed to exclude men. They conceded that Tickle was discriminated against but maintained that it was lawful sex discrimination based on their belief that Tickle is male.
However, Justice Robert Bromwich dismissed this argument, stating that case law has consistently found that sex is “changeable and not necessarily binary.”
Tickle expressed relief and hope after the ruling, stating, “This shows that all women are protected from discrimination, and I hope this case will be healing for trans and gender diverse people.”
On the other hand, Grover remained defiant, writing on X (formerly Twitter), “Unfortunately, we got the judgment we anticipated. The fight for women’s rights continues.”
The case, known as “Tickle vs Giggle,” marks the first time alleged gender identity discrimination has been heard by the Federal Court in Australia.
Grover, a self-declared “TERF” (trans-exclusionary radical feminist), stated during the trial that she does not believe any human being can change sex and that Tickle is “a biological male.”
Grover also stated her intent to appeal the decision, vowing to take the case to the High Court of Australia.
She argued, “We are taking a stand for the safety of all women’s only spaces, but also for basic reality and truth, which the law should reflect.”
The outcome of this case could set a legal precedent in Australia and influence similar cases worldwide, as countries interpret international treaties like the Convention on the Elimination of Discrimination Against Women.
Grover’s defense argued that Australia’s ratification of CEDAW obliges the State to protect women’s rights, including single-sex spaces.
With 189 countries having ratified CEDAW, today’s ruling could have global implications for how courts address conflicts between gender identity rights and sex-based rights.
