Sall Grover, the Women’s Rights activist and CEO of app Giggle for Girls, who yesterday was found by the Federal Court to have indirectly discriminated against transgender woman Roxanne Tickle when she barred her from using the app, says she will appeal the judgement and take the case to the High Court if necessary.
Warning: This story contains details which might be distressing for some readers. For 24-hour crisis support and suicide prevention call Lifeline on 13 11 14. For Australia-wide LGBTQI peer support call QLife on 1800 184 527 or webchat.
Speaking to Channel Nine’s A Current Affair Grover said she didn’t consider herself to be guilty of the discrimination laid out by Justice Robert Bromwich.
“I’d say in my view I have not been found guilty of indirect discrimination against a woman because the whole crux of the case was that I don’t acknowledge that this male person, adult human male, is a woman.” Grover said.
In the case before the Federal Court, Roxanne Tickle alleged unlawful discrimination on the basis of gender identity. Justice Bromwich ruled in her favour awarding $10,000 in damages, and up to $50,000 in court costs.
It is the first time the gender identity discrimination provisions have been tested since they were added to the Sex Discrimination Act in 2013.
Grover said there was a problem with Australia’s current laws.
“If any man claiming to be a woman was actually a woman, their rights would have actually existed under the Sex Discrimination Act how it was before the amendments. It had to be amended so that men could be included as women into it.” Grover said.
The Giggle for Girls CEO said that she would have spent around 1.2 million dollars on the case but was prepared to appeal the decision.
“It’s always been my intention to appeal.” Grover said. “To the highest place which I can, which in Australia would be the High Court.”
Throughout the interview with A Current Affair Grover used male pronouns to describe Tickle, something which interviewer Steve Marshall pulled Grover up on, noting that the court had just ruled that Tickle should be recognised as a woman.
“Law is meant to reflect reality, and in reality, this person is a male. You can make a court believe something I suppose, but you’re not going to make me believe it.” Grover said.
Court’s decision is welcomed by Australia’s Sex Discrimination Commissioner and LGBTIQA+ rights groups
Australia’s Sex Discrimination Commissioner Anna Cody commented on the ruling saying justice Robert Bromwich had ruled that there was 30 years of law that showed that transgender women should be classed legally as women.
Cody testified during the trial as a ‘friend of the court’ to assist in the interpretation of Australia’s laws in the area of sex and gender discrimination.
Equality Australia CEO Anna Brown said the ruling upheld the original intent of the Sex Discrimination Act 1984 (SDA).
“Justice Bromwich has correctly and sensibly interpreted the law to ensure it does not exclude marginalised people who are in need of protection,” Brown said.
“When the SDA was amended in 2013, the purpose was to protect trans and gender diverse people and others in our community from discrimination.
“This judgment confirms that discrimination laws exist to protect all of us, particularly groups such as trans women who have experienced historical exclusion and disadvantage.
“The judgment also confirms that gender identity as a protected ground of discrimination is constitutionally valid.”
Justice Bromwich also rejected arguments that questioned Ms Tickle’s sex, finding these arguments conflicted with 30 years of settled law.
“In its contemporary ordinary meaning, sex is changeable,” he said.
Brown said the judgment reflected that “the legal meaning of sex is clear and well-established”.
“Trans women, like all women, should be protected from discrimination. They deserve to feel safe and supported, and to be treated with dignity and respect,” she said.
Anna Brown said that trans and gender diverse Australians have been under repeated attack, which forces them out of public life and into social isolation, driving some of the worst mental health outcomes in the community.
“Excluding Roxanne from this app was a hurtful act and an affront to her dignity, which the court has acknowledged,” she said. “Women’s spaces should be open to every woman seeking friendship and connection.”
Do you need some support?
If you are struggling with anxiety or depression, support and counselling are available from:
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DISCHARGED: info@discharged.asn.au / 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
