Australia may follow the UK in legally determining that biological reality is the final word determinant of what constitutes a person or a lady.
The Full Court of the Federal Court of Australia is conducting a 4 day hearing centred on a biological male who goes by the name of “Roxanne Tickle” and claims to be a lady.
Tickle claimed illegal discrimination after being barred from joining the women-only networking app referred to as Giggle for Girls. The subsequent court case, which took place last summer and was popularly referred to as “Tickle v Giggle”, ruled in favour of Tickle.
While Giggle for Girls argued that ladies had a right to single-sex spaces, the court rejected this defence, saying, “…sex just isn’t confined to being a biological concept referring as to if an individual at birth had male or female physical traits, nor confined to being a binary concept, limited to the male or female sex…”
Giggle for Girls was ordered to pay Tickle’s legal costs in addition to 10,000 Australian dollars in compensation.
The company, supported by legal advocacy group ADF International, is appealing the choice.
Sall Grover, CEO of Giggle for Girls, said, “I’m optimistic. I do know we’re right and I do know that reality all the time wins – eventually. Reality is inescapable. The law has to reflect reality. In reality, no man is a lady so due to this fact no man should legally be a lady.”
Legal representatives for Giggle for Girls have said that if the present judgment is upheld, the concept of girls’s rights can be threatened as there would effectively be no way of determining who should, and who shouldn’t, have them.
Robert Clarke, Director of Advocacy for ADF International, said, “By ruling that a biological male was discriminated against for being excluded from a women’s app, the court delivered a flawed judgment that undermines protections for girls.
“Sex just isn’t a sense – it’s a biological fact, and it can’t be modified. This appeal is a defining moment: the Court must choose from ideology and reality.”
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