Sall Grover appeals landmark transgender discrimination win

The move comes after a judge found excluding a transgender woman from a women’s-only social media app amounted to indirect discrimination.

Giggle for Girls founder Sall Grover leaves the Federal Court of Australia in Sydney on the day of the judgment, August 23, 2024. Picture: Dean Lewins

Sall Grover is challenging a controversial Federal Court ruling that “sex is changeable” after a judge found excluding a transgender woman from the women’s-only social media app Giggle for Girls amounted to indirect discrimination.

In August, transgender woman Roxanne Tickle won a landmark case against Giggle for Girls when Justice Robert Bromwich found Ms Grover had indirectly, but not directly, discriminated against Ms Tickle when she removed her from the app because she did not look sufficiently female. Ms Grover was ordered to pay the Ms Tickle $10,000, as well as her legal costs.

In his ruling, Justice Bromwich found that “sex is changeable” and non-binary, saying the “concept of sex has broadened over the 30 years since the SDA”.

In a statement on Thursday, Giggle for Girls and Ms Grover said they would argue the court “misinterpreted the legal definition of ‘sex’ under the Sex Discrimination Act 1984 (Cth), expanding it beyond biological realities, which could undermine protections meant for women and girls.”

The “appeal challenges a declaratory judgment that wrongfully finds our actions constituted ‘unlawful indirect discrimination’ based on gender identity”, the statement said.

Roxanne Tickle leaves the Federal Court of Australia in Sydney. Picture: AAP Image/Dean Lewins

Indirect discrimination is the imposition of a condition, requirement or practice that is likely to disadvantage a person relative to another person who has a different gender identity.

Ms Grover will also argue the app serves as a special measure, which is “aimed at fostering equality between men and women”. Under the Sex Discrimination Act, special measures are actions that promote equality for disadvantaged groups.

“By providing a dedicated space for women, we are not just protecting their rights but championing the values of fairness and safety for all,” the statement said.

“The recent ruling of Justice Bromwich in the Federal Court of Australia … misinterprets the fundamental rights of women and girls, and the principles of single-sex spaces essential for their safety and dignity.”

Ms Tickle underwent gender-affirming surgery in 2019 and is now designated as female on her Queensland birth certificate.

She was accepted into the app in February 2021 after an analysis of a “selfie” by Giggle’s third-party artificial intelligence tool but later blocked when Ms Grover surveyed the image herself.

Ms Tickle said she was “very disappointed” that Ms Grover had “decided to appeal the judge’s ruling that she discriminated against me because I’m a trans woman”.

“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,” Ms Tickle 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.”

The statement from Giggle for Girls said “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.”

There were mixed reactions to the Justice Bromwich’s judgment, handed down in August.

Some legal experts said the ruling made it “clear cut that you cannot have spaces designated as women-only, where what you mean is cisgender women-only”. Others said discrimination law no longer offered women the protection it was once legislated to guarantee.

In response to the appeal, Equality Australia said: “Every woman should be able to participate in public life on equal terms and feel part of a society that treats them with respect.”

Experienced silk Stuart Wood AM KC has been brought onto the Giggle team, alongside Bridie Nolan, Anca Costin and Katherine Deves.