This article was originally published by the OUTInPerth. You can find the original article here.
Women’s only app Giggle for Girls is seeking to have the judgement that they discriminated against transgender woman Roxanne Tickle overturned.
Giggle for Girls and its CEO Sall Grover have launched an appeal against the court decision that found they had discriminated against transgender woman Roxanne Tickle when they barred her from using the service.
The appeal was filed this week and seeks to overturn the landmark decision by Justice Robert Bromwich. His ruling was the first time changes to the Sex Discrimination Act added in 2013 were tested in court.
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Justice Bromwich found the company had discriminated against Tickle when they decided she “did not look sufficiently female” and ruled that the updated laws meant that sex on its “ordinary meaning is changeable.”
Grover has announced that Stuart Wood KC will be joining her legal team alongside Bridie Nolan, Anca Costin and Katherine Deves.
She’s also launched a crowd fund campaign to raise the money required to fund the action anticipating it’ll cost at least an additional $800,000 on top of the $500,000 she’s already spent on the case.
The appeal claims that Justice Bromwich’s decision is invalid based on several issues including the court’s interpretation of what “sex” means under the relevant legislation. They will also claim that the court did not appreciate that their now defunct app severed as a “special measure” for allowing for equality between men and women.
The legal team will also assert that the court failed to hear critical evidence in relation to the case.
Grover says the appeal is not just about her app but has widespread relevance to all social media and wider society.
“This appeal is not just about one social media platform; it is about the fundamental rights of women and girls everywhere to safety and dignity in their own spaces.” a media release stated.
“We call on the community, policymakers, and all advocates for fairness to join us in this important fight for the preservation of single-sex spaces, where women can feel safe, respected and valued.”
Appearing on the Sky News program The Bolt Report Grover said she’d be appealing to the Federal Court but was also prepared to take her fight to the High Court.
Grover made a second appearance on Sky News on Sunday morning when she appeared on a live broadcast from CPAC, the Conservative Political Action Conference.
Grover accused the Gillard government of changing the laws “by steath” and weakening democracy.
“Julia Gillard’s government made amendments to the Sex Discrimination Act that took out the definition of men and women and put gender identity in there, and from that it has completely obliterated women’s rights, LGB rights, and then as extension of that – although it’s not directly in this particularly legislation – it’s also freedom of speech, freedom of belief and freedom of association., which are all the bedrock of democracy in a liberal society.” Grover said.
The CEO said she hoped that politicians would intervene and adjust the laws before the court heard her appeal.
“Legislators, if they were doing their jobs as elected officials that we pay for, they could fix this in a week.” Grover said.
Grover questioned if transgender people were really vulnerable members of society.
“A group of people who are so vulnerable that they can get laws changed in stealth.” Grover said. “Look, I don’t know about you, but I don’t think oppressed people can do that.”
Do you need some support?
If you are struggling with anxiety or depression, support and counselling are available from:
QLife: 1800 184 527 / qlife.org.au (Webchat 3pm – midnight)
QLife are a counselling and referral service for LGBTQIA+ people.
DISCHARGED: [email protected] / discharged.asn.au
Discharged is a trans-led support service with peer support groups for trans and gender diverse folks.
Lifeline: 13 11 14 / lifeline.org.au
Beyondblue: 1300 22 4636 / www.beyondblue.org.au
