Harry Potter author JK Rowling expressed her support for Sall Grover, the founder of the Giggle for Girls app, during a significant women’s rights case in Australia. In response to legal action taken against Grover for excluding a male-to-female trans person from her female-only app, Rowling posted a message of solidarity on X. The case, known as Tickle v Giggle, reached its conclusion on August 23 when the Federal Court ruled in favor of trans woman Roxanne Tickle. The court found that it was unlawful to prevent Tickle from accessing Giggle.
Justice Robert Bromwich delivered the verdict in Sydney and stated that while Tickle’s claim of direct gender discrimination failed, her claim of “indirect gender identity discrimination” succeeded. According to Justice Bromwich, Tickle was excluded from using the Giggle app because she did not appear sufficiently female based on the respondents’ assessment.
As a result of this ruling, Grover has been ordered to pay $10,000 in compensation and legal costs. This amount is significantly lower than the $200,000 claimed by Tickle. Additionally, Justice Bromwich acknowledged that the meaning of “sex” can change over time due to advancements in legally changing one’s sex on official birth records.
However, Justice Bromwich clarified that his role was not to consider the general nature of biological sex but rather focus on issues related to gender identity discrimination. He emphasized that Tickle is legally recognized as female according to her updated birth certificate issued under Queensland law.
Tickle had been banned from using the Giggle app since September 2021 despite holding a female birth certificate and identifying as a woman with support from friends, family, and colleagues. Grover argued that it was lawful to exclude Tickle based on provisions in the Sex Discrimination Act since she considered Tickle as male.
Following this ruling, Women’s Forum Australia CEO Rachael Wong expressed disappointment with what she perceived as an outcome favoring men who identify as women over biological women and girls. Save Women’s Sports Australasia also raised concerns about how this decision could impact women-only spaces and activities if gender identity is included in legislation without clear boundaries.
It is important to note that this court decision can be appealed.