Giggle for Girls and Sall Grover have launched an appeal against a court decision that found the women-only social media app and its CEO had unlawfully discriminated against the transgender woman Roxanne Tickle.
Grover filed the notice of appeal on Tuesday afternoon, formally challenging justice Robert Bromwich’s landmark August decision in the first gender identity discrimination case to reach the federal court.
Bromwich found that Tickle, a trans woman from regional New South Wales, had been unlawfully indirectly discriminated against when she was barred from using the Giggle app in 2021 “because she did not look sufficiently female”. The basis for the decision was that “on its ordinary meaning sex is changeable”.
In a statement on Thursday, Grover said that the ruling erred in its interpretation of sex under the Sex Discrimination Act, did not recognise that the Giggle app fostered equality between women and men, and had not considered critical evidence.
Grover said that Bromwich’s finding “misinterprets the fundamental rights of women and girls, and the principles of single-sex spaces essential for their safety and dignity”.
“This case underscores a critical conversation about gender identity and the necessity of protecting the rights of both sexes in our society.”
Tickle said she was “very disappointed” by the development.
“Post-gender transition should be the most joyous years of my life. I had my new life ahead of me, and now I am being dragged back to court for who knows how long. All because of a very small group of people who are committed to making the lives of people they’ve never met very difficult,” she said.
“Trans and gender diverse people exist. Our legal system recognises this. Society at large recognises this. I shouldn’t have to spend years of my life in court to either prove I exist or to have my existing legal rights upheld.”
Jackie Turner, director of the Trans Justice Project, said: “The federal court’s decision was a major step forward for the freedom and equality of all women.
“It affirmed that women who are trans are indeed protected from discrimination under the current laws, the same as all other women. It is unfortunate that Grover is trying to undo this positive progress.”
During the three-day trial in April, the court heard Tickle had lived as a woman since 2017, had a birth certificate stating her gender is female, had gender affirmation surgery and “feels in her mind that psychologically she is a woman”.
The respondents claimed that biological sex was immutable and that the app had been intended as an online refuge for women.
“Sex is discriminatory, it always has been and always will be … biological sex must prevail,” Nolan said.
Tickle was awarded $10,000 in damages and limited costs. She had sought damages and aggravated damages amounting to $200,000, claiming that persistent misgendering by Grover resulted in constant anxiety and occasional suicidal thoughts.
After the judgment, Tickle said she had been “targeted by hateful online commentary and degrading merchandise designed to ridicule and mock” and that she hoped her win was “healing for trans and gender diverse people”.
In the statement on Thursday, Grover said: “As we move forward with our appeal, we emphasise that women standing up for their rights, including the right to single-sex spaces, are acting with bravery, honesty, and integrity.
“This is not an act of unkindness or bigotry; rather, it is a stand for fairness, honesty and truth, acknowledging the unique experiences and challenges faced by women and girls.”
The case was closely watched by trans and women’s rights groups around the world and has implications for men’s and women’s public spaces, sports and clubs.
Changes to the act in 2013 made it unlawful under federal law to discriminate against a person on the basis of sexual orientation, gender identity or intersex status.
Grover said Stuart Wood KC will join her legal team of Bridie Nolan, Anca Costin and former Liberal party candidate Katherine Deves, who failed to have the case thrown out of court in June 2023.
