Australian Women’s App That Revoked Transgender Female Membership... Court Orders Compensation for Gender Discrimination

'Gender Cannot Be Changed' Company Claim Rejected
Australian Federal Court Orders 9 Million Won Compensation

An Australian transgender woman won a lawsuit against the operator of a women-only application (app) after being stripped of her membership, claiming discrimination based on her gender identity.

On the 24th (local time), local media including The Australian reported that the Australian Federal Court ordered the women-only app 'Giggle for Girls' (hereinafter 'Giggle') to pay AUD 10,000 (approximately KRW 9 million) in damages to transgender woman Roxanne Tickle, ruling that Giggle unfairly revoked her membership in violation of anti-discrimination laws.

On the 23rd (local time), transgender woman Roxanne Tickle is seen leaving the federal court in Sydney, Australia.
[Photo by EPA Yonhap News]

In April, Tickle filed a lawsuit seeking AUD 100,000 (approximately KRW 90 million) in damages against Giggle and its founder Sally Grover. She had downloaded the women-only app 'Giggle for Girls' in February 2021. The app is a cyber space where women share experiences and freely talk. Tickle uploaded her photo to join the app, and the artificial intelligence (AI) judged her as 'female' and approved her membership. However, seven months later in September of the same year, Giggle manually reviewed members to detect cross-dressing men among existing users. Subsequently, the company considered Tickle male and expelled her. Tickle filed the lawsuit claiming that this method of app operation violated the anti-discrimination law. Additionally, ahead of the lawsuit, Tickle demanded an additional AUD 100,000 in damages, alleging that Giggle sold candles with images disparaging her on social media under the pretext of raising legal fees.

During the trial, Tickle’s lawyer emphasized that she had undergone gender reassignment surgery, identified herself as female, and possessed a birth certificate indicating her gender as female. In response, Giggle stated in its terms that only 'females' aged 16 and over could join, defining female not as a legal but a biological concept, arguing that "Tickle cannot be considered female." They also claimed that Tickle was not discriminated against based on gender identity but was denied membership due to a different sex, thus not violating the anti-discrimination law. Giggle’s founder Grover referred to Tickle as 'he' rather than 'she,' saying, "I do not think it is kind to expect women to see men as women."

Presiding Judge Robert Bromwich stated, "In modern common understanding, gender is changeable," and added, "The defendant’s claim that gender is determined at birth and cannot be changed is incorrect." He further noted that while Tickle’s claim of being stripped of membership due to gender identity was "not proven," the revocation of membership on the grounds of not appearing sufficiently female constitutes indirect discrimination.

Tickle expressed satisfaction with the ruling, saying, "I filed the lawsuit to show transgender people that they can stand up for themselves," and "I hope this case will bring healing to transgender and gender-diverse people."