Women’s Forum Australia is calling on every member of the Australian Parliament – Labor, the Coalition, the Greens and the crossbench – to come together with urgency and bipartisan resolve to fix the Sex Discrimination Act (SDA) and restore the sex-based rights of women and girls across Australia.
The call comes following yesterday’s decision of the Full Court of the Federal Court of Australia in Giggle v Tickle, which has shocked and angered people both in Australia and around the world.
Last year, the Federal Court found Sall Grover and her company Giggle liable for indirect discrimination under the SDA after excluding trans-identifying male Roxanne Tickle from her female-only social networking app. Justice Bromwich found the discrimination was indirect because Grover did not know Tickle’s gender identity and had determined Tickle was male from viewing Tickle’s profile picture.
This week, the Full Court dismissed Grover’s and Giggle’s appeal, allowed Tickle’s cross-appeal, and substituted the earlier finding of indirect discrimination with a finding of unlawful direct discrimination, doubling the damages payable from $10,000 to $20,000.
The Court held that Grover and Giggle directly discriminated against Tickle on the ground of gender identity by excluding and refusing to readmit Tickle to the female-only app on the basis of Tickle’s “perceived” male appearance, which the Court treated as “gender-related appearance” under the SDA’s definition of gender identity. Astoundingly, the Court held that direct discrimination did not require Grover to know Tickle’s gender identity.
In delivering its reasons, the Court emphasised that it was only applying the SDA as it is written, and that it “is not empowered to give effect to its own view about the desirability or otherwise of that law.”
Women’s Forum Australia CEO Rachael Wong, who was in court for the decision, said the decision demonstrates beyond doubt that Parliament must urgently amend the SDA to restore clear protections for women and girls on the basis of biological sex. These protections were eroded by the Gillard Labor government’s 2013 amendments, which removed the biological definitions of ‘man’ and ‘woman’ and added ‘gender identity’ as a protected attribute to be pitted against biological sex.
“The Court has held that, under current Australian law, a woman who creates a space for women can be punished for recognising a man as male and acting accordingly. That is an astonishing and deeply unjust outcome,” said Ms Wong.
“This decision means men who claim to be women now have stronger legal protection than the actual women the Sex Discrimination Act was originally designed to protect.”
Ms Wong said the decision sets a precedent that will make it easier for activists to litigate against women and women-only services in the future – a consequence openly acknowledged yesterday by Equality Australia.
“The practical effect of this ruling is that women and girls in Australia have no secure legal right to single-sex spaces, services or sports without the risk of litigation from biological males who claim to be women. This is untenable,” Ms Wong said.
“At a time when other countries are moving away from gender ideology and back toward biological reality, Australia is doubling down on a legal fiction that erases women and girls.”
Ms Wong said regardless of whether there are grounds to appeal the decision, women and girls should not have to wait through more years of litigation to have rights and protections restored that should never have been compromised in the first place.
“Female athletes should not have to face injury and unfairness in their own competitions. Female inmates should not be forced to share prisons with male offenders. Girls should not have to share toilets with boys. And women should not be dragged before courts and tribunals for saying ‘no’.”
“Parliament could fix this in a sitting week if there were the political will.”
Women’s Forum Australia welcomes recent statements from the Coalition recognising the need for law reform, including a proposed bill by Nationals MP Alison Penfold, as well as Opposition Leader Angus Taylor’s commitment to amend the SDA, define biological sex in the Act as male or female, and protect single-sex spaces across Australian life. Mr Taylor has said such reform would be a first-term priority under a Coalition government and has been backed by Nationals Leader Matt Canavan.
These commitments follow the long-standing work of Senators Claire Chandler, Leah Blyth and Sarah Henderson on women’s sex-based rights, as well as earlier attempts by Senators Alex Antic and Matt Canavan – and separately, Senator Pauline Hanson – to amend the SDA.
Ms Wong said these commitments must now be matched by urgent bipartisan action.
“We welcome the Coalition’s support for restoring biological sex in law and protecting single-sex spaces. But this must not become another political football to be kicked down the road. Women and girls need action now – not slogans, not sympathy, not delayed promises.”
“The protection of women and girls is not a left or right issue. We are calling on the Albanese Government, the Coalition and all parliamentarians of good will to work together urgently to amend the Sex Discrimination Act, restore clear definitions of male and female based on biological sex, and protect the right of women and girls to single-sex spaces, services, sports and associations.”
“This should not be controversial. Biological sex is real. Women and girls are real. Their rights to safety, dignity, privacy and fairness are real. A nation that cannot say this clearly in law has lost touch with common sense and justice.”
Ms Wong also paid tribute to Giggle founder Sall Grover.
“Sall Grover has shown extraordinary courage, resilience and sacrifice over more than four years. She should never have been left to carry this burden alone.”
“This case should have been unnecessary. Politicians could have fixed this years ago. They failed to act, and women have been paying the price.”
“The time for excuses is over. Parliament must fix the Sex Discrimination Act now.”
ENDS.
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