The Court rejected Giggle’s defence that Tickle was not unlawfully discriminated against, but instead disqualified from joining the app due to his male sex.  

In the judgment, the court stated “…sex is not confined to being a biological concept referring to whether a person at birth had male or female physical traits, nor confined to being a binary concept, limited to the male or female sex…”

ADF International supported Giggle’s defence on the basis that Australian law must uphold the truth of biological reality and in line with the protections for women enshrined in international human rights law.

At the time of the hearing, Katherine Deves of Alexander Rashidi Lawyers, legal representatives for the Respondent, said: “The stakes are high in this case. Women’s international human rights will be lost if “woman” now includes any male who identifies as such. This decision matters not just in Australia but also to the watching world.” 

Sall Grover, CEO of Giggle and respondent in the law suit, also commented at the time of the hearing:

“For decades, women’s movements have fought for the right to have female spaces in society. Yet today, the clock is being wound back.    

“I designed my app to give women their own space to network. It is a legal fiction that Tickle is a woman. His birth certificate has been altered from male to female, but he is a biological man, and always will be. A woman’s-only app isn’t about discrimination. It’s about freedom of speech, belief and association.    

“We are taking a stand for the safety of all women’s only spaces, but also for basic reality and truth, which the law should reflect.” 

Grover has previously said that she would appeal the court’s decision and will fight the case all the way to the High Court of Australia.

Robert Clarke, Director of Advocacy for ADF International, which provided support for the case, reflected on the judgment: 

“In ruling that Tickle, a biological male, was a victim of discrimination when prevented from joining a woman’s app, the court has delivered an egregiously flawed judgment that removes protections for women.