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An Australian court has ruled that the female-only app Giggle for Girls engaged in "indirect gender discrimination" against a transgender woman when her account was removed in 2021.

Al Jazeera

On Friday, Federal Court Justice Robert Bromwich ordered Giggle's founder, Sall Grover, to pay Roxanne Tickle $10K in legal fees but denied her request for a written apology.

Tickle was born male but has been living as a female since 2017.  A year before undergoing gender-affirming surgery in 2019, she had her birth certificate reissued to reflect her new gender identity.

In her lawsuit filed in December 2022, she sought $200K in damages, alleging direct and indirect gender identity discrimination. Bromwich didn't back the direct discrimination claim.

Guardian

Giggle, which uses gender recognition software to exclude men, said sex is a biological concept and admitted Tickle was discriminated against — but based on sex, not gender identity.

BBC News

However, the court ruled that Tickle had been excluded from the app for not looking "sufficiently female" and, therefore, was indirectly discriminated against.

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An Australian court Friday ruled that a female-only social media app had subjected a transgender woman to “indirect gender discrimination” with a ban in 2021.

Al Jazeera #

The court asked Giggle For Girls to pay Roxanne Tickle Australian $10K in legal fees, but denied her request for an apology as there was no direct discrimination.

Au #

Tickle's birth certificate states she is female. She reportedly has been living as a woman since 2017 and underwent gender-affirming surgery in 2019.

ABC #

Tickle's December 2022 lawsuit, claiming Australian $200K in damages, said she had joined Giggle in February 2021 but was later blocked in September.

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Giggle, designed to exclude men, said sex is a biological concept and openly admitted Tickle was discriminated against — but based on sex, not gender identity.

BBC News #

The court ultimately found that Tickle had been excluded from the app for not looking “sufficiently female” and reportedly stated that “sex is changeable.”

The landmark Roxanne Tickle versus Giggle for Girls case hinged on the definition of "woman" under Australian law. The court clarified that sex is changeable and not limited to birth assignment, rejecting arguments of immutability. This strengthens protections for transgender individuals, affirming their right to be recognized according to their gender identity.

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Roxanne Tickle’s win in the federal court is a historic victory for transgender women

Roxanne Tickle was biologically male. Sex is biologically determined and unchangeable. Giggle For Girls' mission is to create a safe, women-only space.  Letting in Tickle would compromise the platform's safety and integrity. While the court has ruled against Giggle, the fact remains that the app's exclusion of Tickle was rooted in safeguarding a space designed exclusively for biological women.

What is a woman? Australian court rules in landmark case

There is a 50% chance that 13.09% of American adults will identify as LGBTQ in 2070, according to the Metaculus prediction community.

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LGBTQ Americans in 2070

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Australia: Court Backs Transgender Woman Against Women-Only App

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This landmark case hinged on the definition of "woman" under Australian law. The court clarified that sex is changeable and not limited to birth assignment, rejecting arguments of immutability. This strengthens protections for transgender individuals, affirming their right to be recognized according to their gender identity.

Roxanne Tickle is a biological male, and Giggle is a biological-female-only space. Letting in Tickle would compromise the platform's safety and integrity. While the court has ruled against the app, the fact remains that her exclusion was rooted in safeguarding a platform designed exclusively for biological women.

There's a 50% chance that at least 13% of American adults will identify as LGBTQ+ in 2070, according to the Metaculus prediction community.

Australia: Trans Woman Wins Giggle Discrimination Case

Australia: CourtTrans BacksWoman TransgenderWins WomanGiggle AgainstDiscrimination Women-Only AppCase

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