Last week the Full Court of the Federal Court heard an appeal over the discrimination finding against social media app Giggle for Girls.
Last year the Federal Court found that transgender woman Roxanne Tickle had been discriminated against when she was blocked from accessing the platform.
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.”
It was the first time the gender identity discrimination provisions have been tested since they were added to the Sex Discrimination Act in 2013. Judge Bromwich awarded Tickle $10,000 in compensation.
Sal Grover, the CEO of Giggle filed an appeal against the decision which was heard before before judges Melissa Perry, Geoffrey Kennett and Wendy Abraham. After four days of arguments the judges will now consider their decision which will be handed down within the next six months.
While the case revolves around whether the app discriminated against Tickle when she was banned from the platform, at its heart its a debate over the definitions of sex and gender, and how they are applied in Australian law.
The case originally centered around the two parties, with Sex Discrimination Commissioner Anna Cody granted ‘friend of the court’ status to provide advice on the application of the legislation which was passed by the Gillard government in 2011.
Added to the proceedings has been Melbourne based Lesbian Action Group who have been fighting their own battle to hold events that discriminate against transgender women. In their submissions to the court the group claimed that lesbian women are being pressured into having sex with transgender women. They highlighted the recent Supreme Court decision in the United Kingdom.
Also appearing in court were lawyers for Equality Australia who provided a different view of the laws from an LGBTIQA+ perspective.
While Lawyers for Roxanne Tickle presented a counter appeal which questioned if Justice Bromwich had erred in his decision to only award direct damages, they asked for a broader ruling that took into account the many media interviews that the Giggle team have given over the last year where they continued to misgender Tickle.
