Key Points
- Trans woman Roxanne Tickle was banned from female-only social media platform Giggle for Girls.
- Her lawyers argue this is discrimination on the grounds of gender identity.
- Giggle's barrister Bridie Nolan said the app was created to give women a safe space.
Lawyers for trans woman Roxanne Tickle have argued she is a woman and was discriminated against when she was banned from using a female-only app.
The question of whether someone is a woman is not just biological but also social and psychological, a court has heard on the first day of a landmark trans-rights lawsuit.
Trans woman Roxanne Tickle is suing female-only social media platform Giggle for Girls after having her access to the app revoked in September 2021.
The app and its founder, Sall Grover, illegally discriminated on the grounds of gender identity, Tickle's lawyer Georgina Costello told a Federal Court hearing in Sydney on Tuesday.
"The evidence will show that Ms Tickle is a woman," Costello said.
"She perceives herself as a woman. She presents herself as a woman."
'An online refuge'
Giggle's barrister Bridie Nolan said the app was created to give women a safe space, free from "male online digital violence".
Grover experienced sexual abuse during her time working as a screenwriter in Hollywood and had undergone trauma therapy, the court was told.
The app offered a range of ways for users to connect, including finding roommates and engaging socially or romantically.
"The vision was to create an online refuge," Ms Nolan said.
"It would be a place without harassment, mansplaining, d*** pics, stalking, aggression."
Nolan argued the app was not in breach of sex discrimination laws, which allow for "special measures intended to achieve equality".
The app created greater "equality between men and women in public life" by creating a safe space for women online, she said.
Therefore, excluding Tickle, who Nolan argued was a man, would constitute a "special measure" under the laws, she said.
Lawyers for trans woman Roxanne Tickle argue she was discriminated against when she was banned from using a female-only app. Source: AAP / Bianca De Marchi
Tickle was issued a birth certificate stating she was female a year after undergoing gender-affirming surgery in October 2019.
Costello told the court in her opening statement that "gender is not merely a biological question, it is partly social and partly psychological".
"Ms Tickle was assigned male gender at birth but she has changed to being a woman and that fact is clear in this case," she said.
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Representatives from the Australian Human Rights Commission, including Sex Discrimination Commissioner Anna Cody are assisting the court by providing submissions about the "meaning, scope and validity of relevant provisions of the Sex Discrimination Act".
"The commissioner is not a party to the proceeding and has not made submissions about whether Ms Tickle was in fact discriminated against," the human rights commission said in a statement.
It is the first time a case alleging gender identity discrimination has been heard by the Federal Court.
'Unwilling to tolerate any view contrary to their own'
Supporters for both sides gathered outside the Federal Court for the start of the proceedings, protesting within metres of each other.
Justice Robert Bromwich said the court would not tolerate any "intimidation or harassment" either within the courtroom or outside it.
Protesters against transgender rights gathered outside the Federal Court of Australia in Sydney. Source: AAP / Bianca de Marchi
Some members of the public had shown they were "unable or unwilling to tolerate the existence of any view contrary to their own", Bromwich added.
Justice Robert Bromwich said the court would not tolerate any "intimidation or harassment" either within the courtroom or outside it. Source: AAP / Bianca De Marchi
"I believe that I am being discriminated against by being provided with extremely limited functionality of a smartphone app by the app provider compared to that of other users because I am a transgender woman," Tickle wrote.
"I am legally permitted to identify as female."
The hearing continues.
