Giggle for Girls app founder Sall Grover has launched an appeal against a Federal Court decision ruling sex is “changeable.”
The appeal resulted from Grover banning trans woman Roxanne Tickle from the female-only app and a subsequent successful case against her by Tickle in August.
The Federal Court found Grover had committed “indirect discrimination” in blocking Tickle.
Justice Robert Bromwich also said his job was not to assess the intricacies of gender identity but to determine if Tickle was legally discriminated against.
“Ms. Tickle is a legal female, as reflected in her updated birth certificate issued under Queensland law. The discrimination complained of by Ms. Tickle is on the basis of gender identity and not sex,” he wrote.
Justice Bromwich found that “sex is changeable,” and Grover was ordered to pay Tickle $10,000 (US$6,865) plus legal costs.
Grover’s appeal will seek to argue that the court misinterpreted the legal definition of sex under the Sex Discrimination Act and that the court’s determination on sex being “changeable” expanded the definition beyond “biological realities.”
Grover’s appeal will argue the landmark determination could undermine protections for women and girls.
She will also claim that Giggle for Girls aims to foster equality for women.
“By providing a dedicated space for women, we are not just protecting their rights but championing the values of fairness and safety for all,” Grover said in a statement.
“The recent ruling of Justice Bromwich in the Federal Court of Australia … misinterprets the fundamental rights of women and girls, and the principles of single-sex spaces essential for their safety and dignity.”
Grover noted that with this appeal, the positions of plaintiff and defendant had reversed.
“I want to ensure females are a class of human that males cannot legally identify into and female only spaces are protected in law,” she said.
“Males are not and will never be female.”
Grover claims critical evidence was not considered in the federal ruling, denying her the opportunity to present a comprehensive view of the case’s outcome’s implications for society.
“As we move forward with our appeal, we emphasise that women standing up for their rights, including the right to single-sex spaces, are acting with bravery, honesty, and integrity,” she said.
Fighting for Female Rights
“In lodging an appeal, Sal Grover continues to fight to reinstate the sex-based rights of women and girls in Australian law,” Women’s Forum Australia head of advocacy Stephanie Bastiaan told The Epoch Times.Bastiaan said it was wrong for the law to “prosecute women” who objected to biological men being involved in female activities.
“It is very clear that the 2013 Gillard amendments to the Sex Discrimination Act are incompatible with the purpose of the act and need to be repealed,” she said.
‘Grave Concern’ Over Outcome
The United Nations’s Special Rapporteur on Violence Against Women, Reem Alsalem, came out last month to criticise the court’s ruling on Tickle v Giggle.Alsalem encouraged Grover to appeal, saying she was “gravely concerned” by the court’s decision.
“The ruling demonstrates the concrete consequences that result when ‘gender identity’ is allowed to supplant ‘sex’—and override women’s rights to female-only services and spaces,” she said.
Grover has been running an online fundraiser to support the appeal, and she has raised $158,342 of her $850,000 goal so far.
