image source, giggle/facebook

A social media that is limited to women has rejected an application for a Australian transgender woman on the grounds that the gender of men. Therefore, she brought this social platform to court on the grounds of discrimination and won the lawsuit.

The judgment of the Australian Federal Court pointed out that although Roxanne Tickle was not directly discriminated against, she was a victim of indirect discrimination and asked the application to pay her $ 10,000 (6, 6,700 US dollars/ 5,100 pounds) and some compensation.

The ruling is a milestone in terms of gender identity. The core of the case is an increasingly controversial question: What is a woman?

In 2021, Tikel downloaded "Giggle for Girls".This software has always been promoted as a woman's online airport, because women can share their life experience in this security space that men are not allowed to enter.

In order to obtain access to access, she needs uploading a selfie to prove that she is a woman.The process of this screening is evaluated by a gender identification software.

However, after seven months of successful joining this platform, Luo Shanni's member qualifications were revoked.

As a self -identified person as a woman, Tikel said that she enjoys all services that are open for women in accordance with the law, and therefore believes that she has been discriminated against because of gender identity.

She sued the social media platform and her CEO Sall Grover, and proposed a compensation of $ 200,000. She said that Groofer "long -term wrong gender cognition" causedHer "persistent anxiety and occasional suicide thoughts".

Tikel wrote in his testimony: "Groofer's public speech on me and this case made people feel painful, frustrated, embarrassing, exhausted and injured. These words also caused some netizens to comment on me,And indirectly incite others to do the same thing. "

The legal team of "Giggle for Girls" argued in the entire case that gender is a biological concept.

They reluctantly acknowledged that Tikel was indeed discriminated against, but pointed out that this was based on gender, not gender identity.They also expressed their rejection of Tickle to use the application as a legitimate gender discrimination.The application clearly stated that men were excluded. Because the founder believed that Turk was male, it was a legal act to reject her access to "Giggle for Girls".

Daniel Robert Broomwich said in the ruling on Friday that the case law agreed that the gender is "variable and not necessarily binary", and finally rejected the application of "giggle for girls".Essence

Tickle said that the judgment "reflects all women being protected and avoids discrimination." She hopes that the case can "heal the pain of cross -gender and gender diversification."

As a reply to the case, Groofer responded on the "X": "Unfortunately, we got our expected judgment. The struggle for women's rights continued."

This case is called "Tickl's Giggle", which is the first time that the Australian federal court has tried a case based on gender -based discrimination.

It presents one of the most acute ideological debates, that is, tolerance for transgender people, how to start in court, and how to start in court.

"Everyone treats me as a woman"

Tickl was born as a male, but has changed gender since 2017 and has always lived as a woman.

When testing in court, she said: "Before this incident, everyone regarded me as a woman."

"I really encounter frowning, staring, and questioning from time to time, which makes me feel quite disturbed ... But they will let me continue to live according to my expectations."

Dan Groof believes that no one can change gender, which is the pillar of its awareness of gender critical consciousness.

When Titkel's lawyer Georgina Costello KC was inquired, she said, "A person who was regarded as a male at birth through surgery, hormone therapy, removing facial hair through surgery, hormone therapy, removing facial hair during birth, removing facial hair, Accept facial reconstruction, long hair, makeup, wearing women's clothing, self -description as women, self -introduction to women, using women's locker rooms, and modifying birth certificates, do you not think this is a woman? "

"No", Groofer replied.

She also said that she would refuse to call Titkel as a "lady", and said "Tickl is a biological male".

Groofer claims to be "TERF" (Row of Cross -girlfriend) -This is an abbreviation of "excluding cross -genders".The "TERF" view of gender identity makes them generally think that they have hostile opinions on transgender understanding.

Groofer posted on "X" and said: "I am a man who claims to be a woman to the federal court because he wants to use the female exclusive space I created."

"No woman in the world will use this woman to use this woman's exclusive space by sued me in court. Only men will do such things."

She said that she created "Giggle for Girls" in 2020 because she received a large number of abuses from men on social platforms during her timewriter.

"I want to create a safe space that can be used in my fingertips," I said. "She said.

"Think that Tickl is a woman's fiction. His birth certificate has been modified from men to women, but he is still a physiological gender man, and it will always be the case."

"We are working hard for creating a full -female safety space, and we are also working hard for the basic reality and truth, and these things that should have been adhered to."

Groofer said before that she would continue to appeal to this verdict until the Australian High Court.

Legal precedent

The result of this case may be a precedent for setting the legal precedent of the conflict between the rights of gender identity and gender -based rights in other countries.

Elimination of all forms of discrimination against women (CEDAW) is the key to understanding this case. This is an international convention that effectively protects women's rights. It was adopted by the United Nations in 1979.

Giggle's defendant said that Australia's right to eliminate all formal discrimination against women to protect women's obligations to protect women, including the protection of a single gender space.

So this time supporting Titkel's ruling is of great significance to all 189 countries that discriminate against all forms of women -from Brazil to India to South Africa.

When explaining the international treaty, courts of various countries usually refer to the practice of other countries.

Australia's legal interpretation in this case that Australia has received such multimedia attention may have a global impact.

With the movement of time, more and more courts support the claims of gender identity, then other countries are likely to follow suit.