Google AI

Weekend Times


The Times

Business News

Margaret Thornton on the landmark Tickle v Giggle transgender case

  • Written by: Michelle Grattan, Professorial Fellow, University of Canberra

Last week, the Federal Court found[1] a transgender woman, Roxanne Tickle, had been directly discriminated against when she was removed from a women-only social media app, Giggle for Girls.

The historic decision[2] followed a long court saga, with the first judgement in 2024[3]. The app’s founder, Sall Grover, has said this week[4] she plans to appeal the “Giggle v Tickle” case in the High Court.

To unpack the case and its ongoing implications, we are joined on the podcast by Australian National University Emerita Professor Margaret Thornton[5]. She is an expert in gender equality, anti-discrimination law and feminist legal theory.

On Grover’s plan to appeal to the High Court, Thornton outlined why it was likely to proceed.

Appeals to the High Court are not automatic. But any appeal from Giggle and Tickle would almost certainly go ahead because it’s such an unusual issue, [the] first time that it’s been considered by an Australian court.

[…] How would the court decide? Who knows? But do note that four experienced federal court judges have already decided in favour of Ms Tickle on a fairly straightforward interpretation of the Sex Discrimination Act. And that would carry significant weight.

On the other hand, only three cases on sex gender discrimination have proceeded to the High Court in over 40 years, largely because of the cost of litigation is totally off putting to individuals.

Following the Federal Court’s ruling, Federal Opposition Leader Angus Taylor promised[6] a future Coalition government would legislate to clearly protect single sex spaces, based on biological sex, defined as a person’s sex at birth.

However, Thornton said this might break some of Australia’s international anti-discrimination obligations.

The convention[7] on the elimination of all forms of discrimination against women is really the primary [United Nations] instrument that underpins the [Australian] Sex Discrimination Act, and indeed gives it its constitutional basis.

So I think that would be a major issue. And it may well be something that the High Court would have to consider […] if they proceed with that appeal.

On others’ calls to restrict trans women from sports and women’s prisons, Thornton says the outcome of this court case isn’t likely to directly affect those issues.

The issue of sport is actually excluded from the Sex Discrimination Act, if it’s a case of the strength, stamina or physique of a person. But it continues to be controversial at the wider level.

And also I think that prisons are another ongoing site of contests. They’re not directly impacted. But some states, such as Victoria, I know are addressing the issue at the moment.

But the indirect effect of Giggle and Tickle could have the effect of encouraging a fairer and less stereotypical approach in these areas.

References

  1. ^ Federal Court found (www.fedcourt.gov.au)
  2. ^ historic decision (theconversation.com)
  3. ^ in 2024 (www.abc.net.au)
  4. ^ said this week (www.facebook.com)
  5. ^ Margaret Thornton (law.anu.edu.au)
  6. ^ promised (www.abc.net.au)
  7. ^ The convention (humanrights.gov.au)

Authors: Michelle Grattan, Professorial Fellow, University of Canberra

Read more https://theconversation.com/politics-with-michelle-grattan-margaret-thornton-on-the-landmark-tickle-v-giggle-transgender-case-282993

Find Out More. Get in Touch with The Times.

Whether you have a question, a news tip, a business enquiry or would like more information, we're here to help

Please complete the enquiry form and a member of The Times team will respond as soon as possible.

Product enquiries

News Tips

Advertising & Sponsorship

Business Enquiries

Editorial Feedback

Corrections

Media Requests

Partnership Opportunities.

Email us at editor@TheTimes.com.au or use our enquiry form.

The Weekend Times Magazine

First Time Down Under: What to Do in Melbourne

Image Source Melbourne is often the first stop for travelers arriving in Australia, and it makes an excellent introduction to life Down Under. Known for its welcoming atmosphere, creative energy, and...

How Offroad Caravans For Sale Offer Freedom, Durability And Adventure-Ready Performance

Australians who love exploring rugged landscapes and remote travel destinations often look for reliable offroad caravans for sale that can withstand tough terrain while providing a comfortable home on wheels...

How to Simplify Your Retirement Planning with SMSF Setup Online

Managing your retirement savings can feel overwhelming, but for many Australians, creating a self-managed super fund (SMSF) offers greater flexibility and control. What’s even more appealing today is the ability...

Planting The Seed To Health Living Top tips on planting for wellbeing

With the family home full time and a need to keep everyone busy, it is the ideal time to plant a seed to a healthier lifestyle. Tuscan Path Product Manager...

Ensuring a consistent Australian foreign policy - Scott Morrison

The Morrison Government will introduce new legislation to ensure the arrangements states, territories, councils and universities have with foreign governments are consistent with Australian foreign policy.   The Commonwealth Government has exclusive...

Camplify Research Reveals 2020 is the Year of the Local Road Trip

Camplify has today released a research report highlighting that 2020 is no doubt the year of the local road trip. With COVID-19 restricting international travel, Australians have hit the roads...

The Importance of Quality Paint Protection for Brisbane Drivers

Shielding Your Vehicle with the Right Protection Every car owner appreciates that fresh showroom finish—the gleam of the paintwork, the smoothness of brand new panels. But once you drive out of...

Why External Blinds and Awnings Are Essential for Comfortable and Protected Outdoor Spaces

Creating outdoor areas that remain functional, comfortable, and visually appealing throughout the year requires effective protection from sun, wind, and changing weather. Installing external blinds and awnings provides a practical solution...

Unit and construction market looks towards a new era of stability

The peak strata industry body in New South Wales representing the interests of all strata industry stakeholders says it is confident the era of construction and certifier cowboys will come...