In a landmark decision, an Australian court has ruled that the CEO of a female-only networking application intended as an “online refuge” for women committed “indirect gender identity discrimination” by rejecting the membership of a male who “identifies” as a woman.
Australian Human Rights Commission barrister Zelie Heger told the court that sex was no longer defined in the Sex Discrimination Act but that “importantly the Act recognises that a person’s sex is not limited to [being a man or a woman]”.
In July of 2022, Tickle, being unable to bear the costs of pursuing the matter further, filed a Notice of Discontinuance with the court, and the complaint was dropped. But five months later, Tickle filed another complaint, having received a $50,000 grant from the University of New South Wales (UNSW) Sydney, and assistance from Barry Nilsson lawyers, who run a multimillion-dollar pro bono program.
In contrast, Grover was left with no other option than to crowdfund an incredible $500,000 in order to defend herself against the discrimination claim.
The argument made by Grover’s legal team was that Tickle was discriminated against on the basis of his sex, which is not prohibited, rather than on the basis of gender identity, as he claims. Justice Bromwich’s verdict stated that “these arguments failed” due to a “long history of cases decided by courts going back over thirty years” which he said established that, “in its ordinary meaning, sex is changeable.”
In addition to his attempts to access the female-only social networking app, Tickle has been playing field hockey on a women’s team. He has opposed proposed legislation which would have prohibited men from identifying into women’s sports, while boasting of using the women’s change rooms.
On his personal Instagram account, Tickle has also shared photos of his underwear, jokes about sex toys, and several cartoons drawn by Canadian transgender diaper fetishist Sophie Labelle. Recently, Tickle took to X to reveal that the youngest girl he competes with on the field hockey team is just 15 years old.
News of the decision has been met with disappointment and outrage by women’s rights campaigners and politicians both nationally and abroad.
The UN Special Rapporteur on Violence against Women and Girls, Reem Alsalem, also weighed in on the verdict and promised to provide a more “detailed reaction” in the week to come. “Not only disappointed but also very concerned about this dystopian ruling on #TickleVGiggle , which distorts key concepts like sex and discrimination while dodging Australia’s international human rights obligations vis-à-vis women. If unchallenged, this decision would set a dangerous precedent.”
Source: AUS: CEO of Female-Only Social App Ordered to Pay $10k to Trans-Identified Male for ‘Indirect Gender Identity Discrimination’