The Legal Light Justin Stack The Tickle v Giggle case on what is a woman "What is a woman" has become the catchcry of anti-transexual activists who argue there are only two genders - man and woman. But Australia's Federal Court battled with the question of gender identity for three years in a discrimination case involving a transgender woman. The case has become known as Tickle v Giggle, in which transgender woman Roxanne Tickle sued women-only social media app Giggle for Girls for discriminating against her by removing her from the site, when she was identified as a man seven months after she joined. Lawyers for the site's creator Sally Grover argued in court that the Sex Discrimination Act allows for "special measures" to achieve equality, saying the app was for "natal" women - those who were female at birth. In 2020 when Grover set up the Giggle site, it was meant exclusively for women as an online refuge away from men, to discuss female issues such as sexual harassment. When thousands of men applied to join, Grover set up a facial recognition system that could identify males and exclude them. Grover said she didn't personally remove Tickle, but it was done by the recognition system. Tickle complained to the Australian Human Rights Commission in 2021 that she was being discriminated against by Giggle because of her gender identity. Tickle said she had been living as a woman since 2017, underwent gender affirming surgery in 2019, and her birth certificate was changed to identify her as female. Grover could not accept the Commission's conciliation proposal, which included Giggle accepting trans women, and Tickle took the case to the Federal Court. Senior lawyer at Stacks Law Firm Anneka Frayne said it was a significant court test alleging gender identity discrimination that tested the meaning of gender in the Sex Discrimination Act. "It raised the legal question of what is a woman - is it just a biological question of a person's sex at birth, or do social and psychological, as well as physical matters determine what makes a person a woman?" Ms Frayne said. The Sex Discrimination Commissioner lawyer told the court its definition of women includes transgender women. In 2024 Justice Robert Bromwich found Tickle had been discriminated against and awarded her $10,000. The judge was clear, ruling it was "unimpeachable" that Tickle is a woman. The judgment was appealed in 2025, and three judges of the Court of Appeal are expected to deliver their findings in 2026. STACKS LAW FIRM Diane Branch Compensation Specialist No Win, No Fee Conditions apply 02 6592 6592 taree.stacklaw.com.au Partners in life The Legal Light Justin Stack The Tickle v Giggle case on what is a woman " What is a woman " has become the catchcry of anti - transexual activists who argue there are only two genders - man and woman . But Australia's Federal Court battled with the question of gender identity for three years in a discrimination case involving a transgender woman . The case has become known as Tickle v Giggle , in which transgender woman Roxanne Tickle sued women - only social media app Giggle for Girls for discriminating against her by removing her from the site , when she was identified as a man seven months after she joined . Lawyers for the site's creator Sally Grover argued in court that the Sex Discrimination Act allows for " special measures " to achieve equality , saying the app was for " natal " women - those who were female at birth . In 2020 when Grover set up the Giggle site , it was meant exclusively for women as an online refuge away from men , to discuss female issues such as sexual harassment . When thousands of men applied to join , Grover set up a facial recognition system that could identify males and exclude them . Grover said she didn't personally remove Tickle , but it was done by the recognition system . Tickle complained to the Australian Human Rights Commission in 2021 that she was being discriminated against by Giggle because of her gender identity . Tickle said she had been living as a woman since 2017 , underwent gender affirming surgery in 2019 , and her birth certificate was changed to identify her as female . Grover could not accept the Commission's conciliation proposal , which included Giggle accepting trans women , and Tickle took the case to the Federal Court . Senior lawyer at Stacks Law Firm Anneka Frayne said it was a significant court test alleging gender identity discrimination that tested the meaning of gender in the Sex Discrimination Act . " It raised the legal question of what is a woman - is it just a biological question of a person's sex at birth , or do social and psychological , as well as physical matters determine what makes a person a woman ? " Ms Frayne said . The Sex Discrimination Commissioner lawyer told the court its definition of women includes transgender women . In 2024 Justice Robert Bromwich found Tickle had been discriminated against and awarded her $ 10,000 . The judge was clear , ruling it was " unimpeachable " that Tickle is a woman . The judgment was appealed in 2025 , and three judges of the Court of Appeal are expected to deliver their findings in 2026 . STACKS LAW FIRM Diane Branch Compensation Specialist No Win , No Fee Conditions apply 02 6592 6592 taree.stacklaw.com.au Partners in life