Last week’s Federal Court judgment to dismiss an appeal from Sal Grover and her company, Giggle for Girls, is already proving to be a significant moment for transgender rights in Australia.
The Full Court of the Federal Court shut down the appeal over findings that Grover and Giggle had indirectly discriminated against Roxanne Tickle when she was removed from their social media app.
The appeal court also found in favour of a cross-appeal from Tickle, which argued Grover and her company had directly discriminated against her, increasing damages owed to $20,000.
While the decision has caused some, somewhat expected, opposition from the Liberal Party and Nationals MPs, many leading advocates are welcoming the decision as a clear message that transgender Australians should be able to live free from discrimination.
National LGBTIQA+ advocacy group Equality Australia has joined distinguished human rights scholar Paula Gerber and the Australian Human Rights Commission in highlighting the positive outcomes of the decision.
Equality Australia Legal Director Heather Corkhill said the ruling was a clear and significant win for equality and fairness.
“[The] decision is an important win for everyone protected under the Act, including women and LGBTIQ+ people,” Corkhill said on Friday.
“This ruling affirms that all women deserve to live free from discrimination, without being judged on appearance, presentation or perceptions.”
The majority judgment states that under the Act, the concept of womanhood “is not to be understood by reference to any narrow or rigid conception of femaleness”.
“For decades, Australian laws have recognised that a person’s legal sex is not limited to the sex they were assigned at birth – any other interpretation would deny the reality and existence of trans people,” Corkhill continued.
Corkhill adds she believes the ruling also upholds the original intent of the Sex Discrimination Act 1984 (SDA).
“The SDA is the primary federal law protecting LGBTIQ+ people from discrimination, and all of us have a stake in making sure those protections remain strong and effective,” Corkhill said.
“[The] decision affirms that trans Australians are entitled to the same legal protections, and the same right to live safely and with dignity, as everyone else.”
Corkhill warned that had Grover’s appeal succeeded, the consequences could well have extended far beyond trans communities, weakening protections for other vulnerable Australians.
“The judgment reinforces that anti-discrimination laws are intended to protect everyone, particularly groups such as trans women who often experienced exclusion and disadvantage.”
