Tickle v Giggle

Last updated
Tickle v Giggle
Coat of Arms of Australia.svg
Court Federal Court of Australia
Full case name Roxanne Tickle v Giggle for Girls Pty Ltd
Decided23 August 2024
Case history
Appealed to High Court of Australia
Court membership
Judge sitting Robert Bromwich

Tickle v Giggle is an Australian law case regarding the legality of the trans-exclusionary membership policies used on an app platform. [1] [2]

Contents

Background

In 2020, Sall Grover founded Giggle for Girls, a mobile app designed as a social networking platform for cisgender women. [3] The name, Giggle, is described as a collective noun for women, [4] with the app presented as catering only to cisgender women, offering a safe online space for them to connect and find support in various areas such as finding roommates, freelancing, emotional support, and activism. [4] [5] Grover has said she was driven to develop a digital platform for cisgender women by her desire to guard against the advances of predatory men, a view that was informed by her experience with misogyny and sexual violence. [6]

The app's membership policies restricted access to adults assigned female at birth. [6] To verify users' birth sex, it relied on technology developed by Kairos, a company that offers facial recognition software. [6] [7] The software was criticised by Giggle users for failing to identify women of colour as female. [7]

The app was particularly criticised for excluding transgender women. [8] In response to criticism, Grover said that the exclusion of trans women was intentional, began self-identifying as a trans-exclusionary radical feminist, [7] and referred to trans women as "males". [9]

By 2021, the app reportedly had 20,000 users from 88 countries. [10] [11]

Grover decided to shut down the app in July 2022. [12] She has alleged that transgender activists have sent numerous rape threats and death threats in relation to the app's membership policy. [13]

Case timeline

Related Research Articles

The legal status of transgender people varies greatly around the world. Some countries have enacted laws protecting the rights of transgender individuals, but others have criminalized their gender identity or expression. In many cases, transgender individuals face discrimination in employment, housing, healthcare, and other areas of life.

<span class="mw-page-title-main">Transgender rights in Canada</span> Rights of transgender individuals in Canada

Transgender rights in Canada, including procedures for changing legal gender and protections from discrimination, vary among provinces and territories, due to Canada's nature as a federal state. According to the 2021 Canadian census, 59,460 Canadians identify as transgender. Canada was ranked third in Asher & Lyric's Global Trans Rights Index in 2023.

<span class="mw-page-title-main">Violence against transgender people</span> Violence or victimization against transgender people

Violence against transgender people includes emotional, physical, sexual, or verbal violence targeted towards transgender people. The term has also been applied to hate speech directed at transgender people and at depictions of transgender people in the media that reinforce negative stereotypes about them. Trans and non-binary gender adolescents can experience bashing in the form of bullying and harassment. When compared to their cisgender peers, trans and non-binary gender youth are at increased risk for victimisation and substance abuse.

<span class="mw-page-title-main">Transgender rights in Iran</span>

Transgender rights in Iran are limited, with a narrow degree of official recognition of transgender identities by the government, but with trans individuals facing very high levels of discrimination, from the law, the state, and from wider society.

<span class="mw-page-title-main">LGBTQ rights in the United States</span>

The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the United States are among the most advanced in the world, with public opinion and jurisprudence changing significantly since the late 1980s.

<span class="mw-page-title-main">Transgender</span> Gender identity other than sex assigned at birth

A transgender person is someone whose gender identity differs from that typically associated with the sex they were assigned at birth.

<span class="mw-page-title-main">LGBTQ people in prison</span> Lesbian, gay, bisexual, transgender and queer people in prison

Lesbian, gay, bisexual, transgender and queer (LGBTQ) people face difficulties in prison such as increased vulnerability to sexual assault, other kinds of violence, and trouble accessing necessary medical care. While much of the available data on LGBTQ inmates comes from the United States, Amnesty International maintains records of known incidents internationally in which LGBTQ prisoners and those perceived to be lesbian, gay, bisexual or transgender have suffered torture, ill-treatment and violence See Homelessness among LGBT youth in the United States, and LGBT youth vulnerability.

In the United States, the rights of transgender people vary considerably by jurisdiction. In recent decades, there has been an expansion of federal, state, and local laws and rulings to protect transgender Americans; however, many rights remain unprotected, and some rights are being eroded. Since 2020, there has been a national movement by conservative/right-wing politicians and organizations to target transgender rights. There has been a steady increase in the number of anti-transgender bills introduced each year, especially in Republican-led states.

<span class="mw-page-title-main">LGBTQ rights in North Dakota</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of North Dakota may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in North Dakota, and same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples; same-sex marriage has been legal since June 2015 as a result of Obergefell v. Hodges. State statutes do not address discrimination on account of sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law.

<span class="mw-page-title-main">LGBTQ rights in South Dakota</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of South Dakota may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in South Dakota, and same-sex marriages have been recognized since June 2015 as a result of Obergefell v. Hodges. State statutes do not address discrimination on account of sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law.

<span class="mw-page-title-main">LGBTQ rights in Montana</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Montana may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal in Montana since 1997. Same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples, as same-sex marriage has been recognized since November 2014. State statutes do not address discrimination on the basis of sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law. A number of cities also provide protections in housing and public accommodations.

<span class="mw-page-title-main">LGBTQ rights in Idaho</span>

Lesbian, gay, bisexual transgender, and queer (LGBTQ) people in the U.S. state of Idaho face some legal challenges not experienced by non-LGBTQ people. Same-sex sexual activity is legal in Idaho, and same-sex marriage has been legal in the state since October 2014. State statutes do not address discrimination based on sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law. A number of cities and counties provide further protections, namely in housing and public accommodations. A 2019 Public Religion Research Institute opinion poll showed that 71% of Idahoans supported anti-discrimination legislation protecting LGBTQ people, and a 2016 survey by the same pollster found majority support for same-sex marriage.

<span class="mw-page-title-main">LGBTQ rights in Kansas</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Kansas have federal protections, but many face some legal challenges on the state level that are not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Kansas under the US Supreme Court case Lawrence v. Texas, although the state legislature has not repealed its sodomy laws that only apply to same-sex sexual acts. The state has prohibited discrimination on the basis of sexual orientation and gender identity in employment, housing and public accommodations since 2020. Proposed bills restricting preferred gender identity on legal documents, bans on transgender people in women's sports, bathroom use restrictions, among other bills were vetoed numerous times by Democratic Governor Laura Kelly since 2021. However, many of Kelly's vetoes were overridden by the Republican supermajority in the Kansas legislature and became law.

The Swedish Women's Lobby is a Swedish gender-critical organization that claims to work for "sex-based rights."

Transgender rights in Australia have legal protection under federal and state/territory laws, but the requirements for gender recognition vary depending on the jurisdiction. For example, birth certificates, recognised details certificates, and driver licences are regulated by the states and territories, while Medicare and passports are matters for the Commonwealth.

<span class="mw-page-title-main">Transgender rights in the United Kingdom</span>

Transgender rights in the United Kingdom have varied significantly over time.

The legal and regulatory history of transgender and transsexual people in the United States begins in the 1960s. Such legislation covers federal, state, municipal, and local levels, as well as military justice. It reflects broader societal attitudes which have shifted significantly over time and have impacted legislative and judicial outcomes.

Katherine Deves Morgan is an Australian lawyer who ran unsuccessfully as a candidate for the Liberal Party of Australia at the 2022 Australian federal election.

<span class="mw-page-title-main">FiLiA</span> British gender-critical feminist charity

FiLiA is a British gender-critical feminist charity founded in 2015 that describes itself as part of the women's liberation movement. FiLiA organizes a conference, held first in 2008 as Feminism in London, in different cities, which it now describes as the "largest annual grassroots feminist conference in Europe". FiLiA is gender-critical, and states that it supports "sex-based rights" and opposes what they refer to as "gender ideology." It has lobbied against gender recognition reform and considers gender self-identification a threat to "women's protected rights." Critics describe it as anti-transgender and transphobic. FiLiA is critical of the sex industry and as a result, it considers pornography harmful. It has campaigned on behalf of women internationally, and has held campaigns in countries such as Iran, Cyprus, and Kenya. It has been described as one of "the most important 'gender critical' groups" alongside Women's Declaration International. FiLiA has faced protests and attempted cancellations, notably in 2023 when the venue Platform attempted to cancel the conference due to alleged transphobia. In 2024 FiLiA launched the book The Women Who Wouldn't Wheesht, on what the authors describe as a campaign for "sex-based rights" by J.K. Rowling and others.

<span class="mw-page-title-main">Sall Grover</span> Australian businesswoman

Sall Grover is an Australian businesswoman, the founder of Giggle, a female-only social media app. Prior to this endeavour, Grover worked in the film industry in Australia and in the United States as a production assistant and as a screenwriter.

References

  1. Wyatt, Edie (2022)."Tickle vs. Giggle." Archived 2024-03-28 at the Wayback Machine The Spectator Australia. 4 July 2022. Accessed 28 March 2024.
  2. Lever, Cindy (2022). "‘It’s been hell’: women-only app founder in gender row nightmare." The Australian. 9 July 2022. Accessed 28 March 2024.
  3. "Sall Grover". Savage Minds. 1 December 2022. 0 hours 1 minutes 5 seconds.
  4. 1 2 Macpherson, Amber (2020)."Giggle app by Main Beach’s Sall Grover connects women across the world." Gold Coast Bulletin. 22 March 2020. Accessed 28 March 2024.
  5. 1 2 "Australiana: "I'll never stop fighting for women" - Sall Grover on Apple Podcasts". Apple Podcasts. 22 June 2023. From 0 hours 1 minute 45 seconds to 0 hours 1 minute 45 seconds to. Archived from the original on 2024-04-06. Retrieved 2024-04-06.
  6. 1 2 3 Scheuerman, M. K., Pape, M., & Hanna, A. (2021). Auto-essentialization: Gender in automated facial analysis as extended colonial project. Big Data & Society, 8(2), 20539517211053712.
  7. 1 2 3 Perrett, Connor. "A social media app just for 'females' intentionally excludes trans women — and some say its face-recognition AI discriminates against women of color, too". Business Insider. Archived from the original on 2024-03-29. Retrieved 2024-08-27.
  8. Thieme, K., Saunders, M. A. S., & Ferreira, L. (2024). From language to algorithm: trans and non-binary identities in research on facial and gender recognition. AI and Ethics, 1-18.
  9. "'Just for females' social media app Giggle under fire for 'excluding' trans women". PinkNews. 24 January 2022. Retrieved 16 August 2024.
  10. Dumas, Daisy (2024). "Tickle v Giggle: transgender woman sues female-only 'online refuge' for alleged discrimination in landmark case." The Guardian. 9 April 2024.
  11. 1 2 Snowden, Angelica (6 July 2022). "Discrimination claims against women-only app dropped". The Australian . Archived from the original on 6 April 2024. Retrieved 15 April 2024.
  12. Panagopoulos, Joanna (10 April 2024). "'Evolutionary biologist' to be called in trans defamation case". The Australian .
  13. "Why the Giggle app is for females only." Archived 2023-09-24 at the Wayback Machine Plebity. 10 March 2021. Accessed 1 April 2024.
  14. Australian Associated Press (2022). "Transgender woman sues female only app giggle for girls for alleged discrimination." Archived 2023-06-03 at the Wayback Machine The Guardian. 31 Dec 2022. Accessed 5 April 2024.
  15. 1 2 "Sex Discrimination Commissioner assists Federal Court in Tickle v Giggle for Girls Pty Ltd case." Archived 2024-05-29 at the Wayback Machine Australian Human Rights Commission (AHRC). 9 April 2024. Accessed 11 April 2024.
  16. "Notice of Filing" (PDF). Federal Court of Australia. 4 May 2022. Archived (PDF) from the original on 7 April 2024. Retrieved 15 April 2024.
  17. 1 2 Snowden, Angelica (9 July 2022). "Clash between trans and women's rights". The Australian . Archived from the original on 6 April 2024. Retrieved 6 April 2024.
  18. "Female-only app represented by Katherine Deves fails to throw out transgender discrimination suit". Guardian. Archived from the original on 2023-07-23. Retrieved 2024-04-19.
  19. "Roxanne Tickle v Giggle for Girls Pty Ltd & Anor." Archived 2024-04-07 at the Wayback Machine Federal Court of Australia. 22 November 2023. Accessed 7 April 2024.
  20. Bastiaan, Stephanie (2024). "Tickle v Giggle womens rights on trial." Archived 2024-04-09 at the Wayback Machine Women's Forum Australia. April 08, 2024.
  21. Xiao, Allison (2024). "Tickle v Giggle court case kicks off." Archived 2024-04-09 at the Wayback Machine ABC News. 9 April 2024.
  22. Mackay, Melisssa (11 April 2024). "Transgender woman Roxanne Tickle seeks $200,000 in damages in first Federal Court case based on gender discrimination". ABC News. Archived from the original on 11 April 2024. Retrieved 16 August 2024.
  23. "Tickle vs Giggle: in a world where transgender people are under attack, this is a test case for Australia." Archived 2024-06-17 at the Wayback Machine The Conversation. 12 April 2024. Accessed 12 April 2024.
  24. Sainsbury, Michael (2024). "In Australia, women-only app becomes latest front in war over trans rights." Archived 2024-04-25 at the Wayback Machine Al Jazeera. 22 April 2024. Accessed 25 April 2024.
  25. Cook, Michael (2024). "Tickle v Giggle: Australian court to decide who are women and who are not." Archived 2024-04-11 at the Wayback Machine BioEdge. April 11, 2024.
  26. 1 2 Gerber, Paula (2024-04-12). "Tickle vs Giggle: in a world where transgender people are under attack, this is a test case for Australia". The Conversation. Archived from the original on 2024-06-17. Retrieved 2024-06-12.
  27. "A fight for the future of women's rights". The Spectator Australia. 2024-04-17. Archived from the original on 2024-06-12. Retrieved 2024-06-12.
  28. 1 2 Alsalem, Reem (2024). "Position paper on the definition of "woman" in international human rights treaties, in particular the Convention on the Elimination of All Forms of Discrimination Against Women." Archived 2024-08-27 at the Wayback Machine Office of the United Nations High Commissioner for Human Rights (OHCHR). 4 April 2024. Accessed 11 April 2024.
  29. 1 2 Dumas, Daisy (2024-08-23). "Transgender woman Roxanne Tickle wins discrimination case after being banned from women-only app". The Guardian. ISSN   0261-3077. Archived from the original on 2024-08-27. Retrieved 2024-08-23.
  30. 1 2 "Tickle v Giggle for Girls Pty Ltd (No 2) [2024] FCA 960". Federal Court of Australia. Archived from the original on 2024-08-23. Retrieved 2024-08-23.
  31. 1 2 Bromwich, Robert (23 August 2024). "FEDERAL COURT OF AUSTRALIA Tickle v Giggle for Girls Pty Ltd (No 2) [2024] FCA 960" (PDF). Federal Court of Australia. Archived (PDF) from the original on 23 August 2024. Retrieved 23 August 2024.
  32. Dumas, Daisy (2024-10-03). "Giggle for Girls founder appeals finding that app discriminated against transgender woman". The Guardian. ISSN   0261-3077 . Retrieved 2024-10-04.