The Federal Court found that although Roxanne Tickle had not been directly discriminated against, she was a victim of indirect discrimination - which refers to when a decision disadvantages a person with a particular attribute - and ordered the app to pay her A$10,000 ($6,700; £5,100) plus costs.
It’s a landmark ruling when it comes to gender identity, and at the very heart of the case was the ever more contentious question: what is a woman?
In 2021, Tickle downloaded “Giggle for Girls”, an app marketed as an online refuge where women could share their experiences in a safe space, and where men were not allowed.
In order to gain access, she had to upload a selfie to prove she was a woman, which was assessed by gender recognition software designed to screen out men.
However, seven months later - after successfully joining the platform - her membership was revoked.
As someone who identifies as a woman, Tickle claimed she was legally entitled to use services meant for women, and that she was discriminated against based on her gender identity.
She sued the social media platform, as well as its CEO Sall Grover, and sought damages amounting to A$200,000, claiming that “persistent misgendering” by Grover had prompted “constant anxiety and occasional suicidal thoughts”.
“Grover’s public statements about me and this case have been distressing, demoralising, embarrassing, draining and hurtful. This has led to individuals posting hateful comments towards me online and indirectly inciting others to do the same,” Tickle said in an affidavit.
Giggle’s legal team argued throughout the case that sex is a biological concept.
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