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Australian Federal Court makes landmark ruling on gender identity likely to have global repercussions

transgender-woman-from-Australia-Roxanne-Tickle

Important Takeaways:

  • It’s a landmark ruling when it comes to gender identity, and at the very heart of the case was the ever more contentious question: what is a woman?
  • A transgender woman from Australia has won a discrimination case against a women-only social media app, after she was denied access on the basis of being male.
  • The Federal Court found that although Roxanne Tickle had not been directly discriminated against, she was a victim of indirect discrimination – which refers to when a decision disadvantages a person with a particular attribute – and ordered the app to pay her A$10,000 ($6,700; £5,100) plus costs.
  • In 2021, Tickle downloaded “Giggle for Girls”, an app marketed as an online refuge where women could share their experiences in a safe space, and where men were not allowed.
  • In order to gain access, she had to upload a selfie to prove she was a woman, which was assessed by gender recognition software designed to screen out men.
  • However, seven months later – after successfully joining the platform – her membership was revoked.
  • Giggle’s legal team argued throughout the case that sex is a biological concept.
  • But Justice Robert Bromwich said in his decision on Friday that case law has consistently found sex is “changeable and not necessarily binary”, ultimately dismissing Giggle’s argument.
  • Tickle said the ruling “shows that all women are protected from discrimination” and that she hoped the case would be “healing for trans and gender diverse people”.
  • The outcome of this case could set a legal precedent for the resolution of conflicts between gender identity rights and sex-based rights in other countries.
  • When it comes to interpreting international treaties, national courts often look at how other countries have done it.
  • Australia’s interpretation of the law in a case that got this level of media attention is likely to have global repercussions.
  • If over time a growing number of courts rule in favor of gender identity claims – it is more likely that other countries will follow suit.

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