Particle.news

Download on the App Store

Full Federal Court Concludes Giggle for Girls Transgender Discrimination Appeal

The bench reserved its decision after three days of hearings on whether the exclusion amounted to unlawful discrimination; how ‘woman’ is defined under federal law.

Overview

  • Tickle’s barrister, Georgina Costello KC, argued that the repeated refusals to admit her client constituted direct discrimination and demeaned her as a “hostile invader” rather than a woman.
  • Noel Hutley SC for Sall Grover maintained she reviewed only a profile photo and genuinely believed Tickle was male, denying knowledge of her transgender status.
  • Celia Winnett KC, acting for the Sex Discrimination Commissioner, urged that the ordinary meaning of ‘woman’ in the Sex Discrimination Act now encompasses transgender women following the 2013 amendments.
  • Interveners including the Lesbian Action Group cited UK Supreme Court rulings that limit ‘woman’ to biological sex, urging similar interpretation in Australian law.
  • The Full Federal Court is expected to deliver its judgment by February on Grover’s appeal and Tickle’s $40,000 damages claim.