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Transgender Rights Upheld in Australian Gender Discrimination Case
What does Tickle v Giggle mean for women-only spaces?
On August 23, the Federal Court of Australia found that gender discrimination took place when a transgender woman, Roxanne Tickle, was excluded from Giggle, a social media app marketed as a safe space for women and girls.
The fact that this case is called Tickle v Giggle may sound silly but, whatever side of the argument you’re on, this is a landmark case. Transgender rights have been upheld but many are questioning what this means for the rights of biological women.
The law
When making his judgment, Justice Robert Bromwich was bound by the precedent of older court cases and the Commonwealth of Australia’s Sex Discrimination Act 1984 (amended in 2013). The Act puts into effect Australia’s obligations under the International Covenant on Civil and Political Rights.
Section 24 of the Sex Discrimination Act prohibits discrimination based on gender identity.
It is unlawful for a person who, whether for payment or not, provides goods or services, or makes facilities available, to discriminate against another person on the ground of the other person’s sex, sexual orientation, gender identity, intersex status, marital or…
