- Biological male “Roxanne Tickle,” who identifies as a woman, sued “Giggle for Girls” app and founder Sall Grover over female-only membership policy
- Federal Court of Australia holds that Tickle was unlawfully discriminated against when rejected for membership on the women’s app; ADF International supported Giggle’s defence
SYDNEY (23 August 2024) – The Federal Court of Australia has ruled in Roxanne Tickle v. Giggle for Girls (“Tickle v. Giggle”) that “Roxanne Tickle,” a biological male who identifies as a woman, experienced unlawful discrimination when prevented from joining female-only networking app “Giggle.”
The court found that Tickle experienced “indirect discrimination,” ordering $10,000 AUD in compensation and the covering of legal costs for Tickle.
Tickle sued on the basis that, being “legally permitted to identify as female” and having had his birth certificate amended, he should be permitted into spaces reserved for biological women. The defence maintained that women have a right to single-sex spaces, both online and offline.
“In ruling that Tickle, a biological male, was a victim of discrimination when prevented from joining a woman’s app, the court has delivered an egregiously flawed judgment that removes protections for women."
The Court rejected Giggle’s defence that Tickle was not unlawfully discriminated against, but instead disqualified from joining the app due to his male sex.
In the judgment, the court stated “…sex is not confined to being a biological concept referring to whether a person at birth had male or female physical traits, nor confined to being a binary concept, limited to the male or female sex…”
ADF International supported Giggle’s defence on the basis that Australian law must uphold the truth of biological reality and in line with the protections for women enshrined in international human rights law.
At the time of the hearing, Katherine Deves of Alexander Rashidi Lawyers, legal representatives for the Respondent, said: “The stakes are high in this case. Women’s international human rights will be lost if “woman” now includes any male who identifies as such. This decision matters not just in Australia but also to the watching world.”
Sall Grover, CEO of Giggle and respondent in the law suit, also commented at the time of the hearing:
“For decades, women’s movements have fought for the right to have female spaces in society. Yet today, the clock is being wound back.
“I designed my app to give women their own space to network. It is a legal fiction that Tickle is a woman. His birth certificate has been altered from male to female, but he is a biological man, and always will be. A woman’s-only app isn’t about discrimination. It’s about freedom of speech, belief and association.
“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.”
Grover has previously said that she would appeal the court’s decision and will fight the case all the way to the High Court of Australia.
Robert Clarke, Director of Advocacy for ADF International, which provided support for the case, reflected on the judgment:
“In ruling that Tickle, a biological male, was a victim of discrimination when prevented from joining a woman’s app, the court has delivered an egregiously flawed judgment that removes protections for women.
“Contrary to what the judge held, sex is never changeable. The judgment is a severe setback for women and girls, failing to uphold the basic truth of biological reality—that men cannot become women. Tickle did not experience unjust discrimination, but was simply disqualified from membership on the Giggle app because he is not a woman.”
Court ignores international legal protections for women’s rights
The defence had argued that the Australian government acted unconstitutionally in amending the Sex Discrimination Act of 1984 to include “gender identity” as a protected characteristic, against the purposes for which the Act was designed, and for which there is no basis in international law.
The Court found that Australia’s Sex Discrimination Act section 5b, which prohibits discrimination on the ground of “gender identity,” is in line with the discrimination provisions in the International Covenant on Civil and Political Rights (ICCPR). The ICCPR makes no reference to “gender identity,” and instead prohibits discrimination on the basis of sex.
Further, the Court rejected the defence’s argument with regard to the disqualification of Giggle on the basis that Australia was obligated to protect women’s rights, including single-sex spaces, under the Convention on the Elimination of Discrimination Against Women.
“The judge has read in a faux right to protection on the basis of ‘gender identity’ in international law where none exists. The ICCPR is clear that discrimination is to be prohibited on the basis of sex. There is no mention of ‘gender identity’ in the treaty.
The ruling is not only anti-women and disingenuous, but also it creates a dangerous precedent for conjuring up false rights to the detriment of real rights. Here the real rights in jeopardy are those of women. By ignoring Australia’s obligations under CEDAW to protect women’s rights, the court is positioning Australia in direct violation of its basic human rights obligations toward women,” stated Clarke.
Challenges across Australia
Tickle v. Giggle is one of a number of legal proceedings in Australia challenging protections for women. Chris Elston, “Billboard Chris”, is in a legal battle with Australian authorities alongside “X”, after his tweet challenging gender ideology was censored by the E-Safety Commissioner. ADF International are supporting his case.
Canadian street advocate, Billboard Chris, also awaiting court proceedings in Australia, commented on the judgment:
“The judgment in Tickle v. Giggle turns back the clock on women’s rights and exposes the deep ideological distortions that have permeated our societies and our legal systems. It is a fiction that Tickle is a woman. While his birth certificate may have been altered, no man can ever become a woman.
“Preventing a male from joining a woman’s only app has nothing to do with discrimination. It’s about staying true to biological reality and women’s rights to their own spaces, both online and in real life. I hope further legal steps can be taken to correct this grave injustice and I stand with Sall Grover and the Giggle team.”
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Pictured: Sall Grover, Robert Clarke, Chris Elston (“Billboard Chris”), Katherine Deves
