• In short: Transgender woman Roxanne Tickle is suing social media platform Giggle for Girls after she was excluded from the women-only app.
  • She is alleging unlawful discrimination on the basis of gender identity while the app’s founder has denied she is a woman.
  • What’s next? The hearing is expected to run for four days.

A transgender woman who was excluded from a women-only social media app should be awarded damages because the app’s founder has persistently denied she is a woman, a Sydney court has heard.

In February 2021, Roxanne Tickle downloaded the Giggle for Girls social networking app, which was marketed as a platform exclusively for women to share experiences and speak freely.

Users needed to provide a selfie, which was assessed by artificial intelligence software to determine if they were a woman or man.

Ms Tickle’s photograph was determined to be a woman and she used the app’s full features until September that year, when the account became restricted because the AI decision was manually overridden.

  • Bahalex@lemmy.world
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    8 months ago

    I have nothing to add, just amused by the fact that a Tickle can’t get a giggle.

  • john89@lemmy.ca
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    8 months ago

    I don’t understand.

    It’s okay to discriminate against men but not transgender women?

    • prof@infosec.pub
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      8 months ago

      While I certainly agree with you that discrimination based on sex is unacceptable im most contexts, I believe that gender exclusive spaces, unless they hinder people directly, sometimes are a good thing.

      My dad is a mental health professional and founded a weekly ‘only-men’ self help group. He found that some things they talked about there wouldn’t have worked with women involved. That group existed for about 5 years or so and helped quite a few struggling men.

      So yeah, unless there’s any maliciousness involved, I’d argue that gender exclusiity is not bad in every context.

      • afraid_of_zombies@lemmy.world
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        8 months ago

        That’s a bit different. A little private group is not a for-profit company. The difference between not being invited to a family only event when you aren’t family and not being allowed into a restaurant chain because of your race.

        • prof@infosec.pub
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          The group I referenced had a paid membership. Scale that up and make it digital and you may end up with a gender exclusive social media app.

          I get what you mean though, but I feel there’s a bit more nuance than what you imply.

      • Taohumor@lemmy.world
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        8 months ago

        I remember back in high school I had a teacher in an all male classroom because it was a stem field but for kids like an introductory course. A girl showed up in the 2nd year and he sort of joked about how it changes the dynamic cuz now all the guys will need to flex for her so the point of the class was sort of ruined. I remember that class was actually fucking amazing because you would make friends with guys regardless of your social circle or wealth background. Like I talked to multiple demographics and we all treated each other equally and we were all there to learn the trade. It was an amazing experience that I’ve never found anywhere else, especially not any circle where there were women. Hell even guys who were in that class there were a few if you met them outside the class it was just different. I made some close friends there where we kept spending time together outside the class that I otherwise would not have met but others when they got back to “the rest of the world” that hierarchy set back in and they couldn’t bring themselves to talk to you on that level anymore. Women invading male safe spaces under the guise of glass ceilings or whatever was extremely toxic for men, it’s as if men started barging into women’s bathrooms honestly saying it’s a glass ceiling to their right to stare at women in their own private moments. Stupid example but it’s all I could come up with.

        The point is I would love to find another environment like that and even I wish I looked for more like that as a kid and to have appreciated it for what it was more at the time. Men need to learn to see each other as brothers and not as opposition, that’s the only way we get out of this mess is to unionize properly. I think we had it once but we lost it because of this fucking propaganda painting men as inherently predators.

        • 9488fcea02a9@sh.itjust.works
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          So… Men act like dicks when there is a woman around or when they are back in “the rest of the world”? At which point their sense of brotherly love and cameraderie disappear? How is that a woman’s fault?

          How is that the fault of, “fucking propaganda painting men as inherently predators”?

          Sounds like a problem with that group of men…

          I have tons of male friends who dont “flex” or act like dicks when they are outside of an all-male setting

          I’m not against men’s clubs, btw… But the idea that men cant be toxic outside of a men’s club is a terrible premise for a men’s club

        • CileTheSane@lemmy.ca
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          Women invading male safe spaces under the guise of glass ceilings or whatever was extremely toxic for men, it’s as if men started barging into women’s bathrooms

          So the class wasn’t a “men only” class, it just was a class women generally weren’t interested in. And a woman deciding she is interested was the same as men barging into women’s bathrooms.

          Jfc, who are the snowflakes again?

        • AnalogyAddict@lemmy.world
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          7 months ago

          It’s not a male safe space if the purpose is to learn. No one gets to have a “safe space” to gain advantage over others. That’s not what female safe spaces do.

          I mean… safe from what? What did the women do that changed the dynamic?

      • endhits@lemmy.world
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        8 months ago

        If women have gender exclusive spaces, men also should have them. Women have invaded male spaces for decades.

        • iegod@lemm.ee
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          8 months ago

          ‘Invaded’ lol what. Dude the boys club is a real thing. And it’s everywhere.

          • Cethin@lemmy.zip
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            7 months ago

            In pretty confident this person would agree with you. They’d also say women shouldn’t be allowed there. They don’t want the boys club to go away and think it’s being threatened because women are allowed in the workplace or whatever.

        • AnalogyAddict@lemmy.world
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          7 months ago

          There is a vast difference between men getting together to vent and talk, and men getting together to make decisions that affect everyone and preserve power amongst themselves.

          The minute it is the latter, it no longer qualifies as a men’s space. Women don’t want to invade a genuine men’s space. And women don’t want to invade a men’s space in order to exploit and prey upon men.

        • Plague_Doctor@lemmy.world
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          8 months ago

          It’s true though. Gender is a performance, and as a woman your womanhood is always under scrutiny from everyone else. You can get your identity as woman taken from you if you don’t “look woman enough”. Which if you say have more masculine features, cut your hair short as a cis woman you become less woman. For example Butch lesbians are actually the most often de-womanized. Same goes for less masculine men. It’s a box no one fits into perfectly and having certain genitals doesn’t include or exclude you from either.

          This person wanted a safe space where they wouldn’t have to deal with cis straight men. Which makes it that if men want inclusion in such spaces they need to be better.

          Another question for you all, why as cis men do you want inclusion in these spaces?

          • Taohumor@lemmy.world
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            7 months ago

            You’re talking about gender expression as opposed to biology.

            As a cis man the only point of wanting inclusion is to either A demonstrate how gender identity being subjective is an easy way to exploit systems, or B to be one of few men smart enough to have access to a bunch of women in a female safe space. One of these is informative, the other is predatory.

        • zbyte64@awful.systems
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          8 months ago

          “trans women are women” is pointing out this isn’t about men vs women but the given sex at birth.

          • EatATaco@lemm.ee
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            8 months ago

            We all accept that trans women are not cis women. The obvious point by the poster was why is it okay to discriminate against men but not trans women?

            • zbyte64@awful.systems
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              I’m just pointing out the obvious difference between the two categories: one is based on gender the other is based on sex. It’s like asking: “if they’re allowed to discriminate on gender, then why not this other instance (that is based on sex)?” But without making what is in the parenthesis explicit - when someone responds “trans women are women” they are saying what is in the parenthesis.

              • EatATaco@lemm.ee
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                8 months ago

                So it’s okay to discriminate based on sex, but not gender? I don’t see how this really addresses the point.

                • zbyte64@awful.systems
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                  I’m not directly addressing whether it’s okay but that there are categorical differences in the examples given. We might as well ask why we can’t discriminate based on hair color, since that too is categorically different than gender. That being said, bathrooms discriminate based on gender and not sex, so maybe ask why people think that is okay.

      • UnderpantsWeevil@lemmy.world
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        8 months ago

        Real /r/unpopularopinion moment.

        I think the thing that the TERFs ultimately miss is that this person was initially welcomed in as a woman and treated as a woman by her peers. She did not disrupt the community or harass any of the participants, until she voiced support for Trans Rights.

        It was at this point that a handful of moderators decided to interrogate her on her original gender and use that as an excuse to boot an active and in-good-standing member.

        So she wasn’t removed for “not being a woman”. She was removed for “disagreeing with the political views of the admin”.

        Anyone familiar with Reddit politics should be able to sympathize.

        • Taohumor@lemmy.world
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          7 months ago

          That’s literally how it always goes is if you don’t like x persons politics you are a bad person.

    • tatterdemalion@programming.dev
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      8 months ago

      I’m not familiar with discrimination laws in Australia. In the US there are exceptions in the Civil Rights Act (1964) for “private clubs” though I don’t think courts have consistently defined what that means.

      I’m very curious to hear how this case turns out under Australian law. Personally I think it’s counterproductive to exclude trans women from a women-only social club. But if a US court ruled this social club was in fact a “private club” then they could legally discriminate in whatever way they desire, be that by excluding men or trans women.

        • Crashumbc@lemmy.world
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          8 months ago

          A “private” club can exclude protected classes. Like the other poster mentioned, what constitutes “private” is a grey area.

          Back in the 90s Augusta National Golf Club was still excluding blacks even though they hosted the Masters… ( They finally gave in )

        • tatterdemalion@programming.dev
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          I believe so, but I’d have to do a little more research to say with certainty. There is a particular supreme court case that serves as an example. See Tillman v Wheaton-Haven Recreation Association.

    • zbyte64@awful.systems
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      8 months ago

      Discriminating against men is based on gender, discriminating against trans women is based on sex (at birth).

  • Kedly@lemm.ee
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    This thread was fated to be a dumpster fire from the instant it was created

    Edit: 6 people dont seem to understand what an unholy combination it is to merge: Transphobia, Misandry, AI, and somewhat silly names on the internet

    • Dr. Moose@lemmy.world
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      7 months ago

      I’ll explain my down-vote as per your edit: people don’t like thread meta discussions. It’s unproductive, mean and frankly just lazy. Keep that on reddit.

      • Kedly@lemm.ee
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        Lmao nah, I think I’ll keep commenting according to my own values and you can keep commenting according to yours. Thank you for explaining your downvote though!

        • Dr. Moose@lemmy.world
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          You’re free to do whatever you want just pointing out that down votes don’t necessarily mean you are being bullied by bigots or whatever you’re imagining so conclusively here. Your comment might just suck 🙄

          • Kedly@lemm.ee
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            Did I say I was being bullied? And tbh, if we’re gonna use up and downvotes to determine whether or not my comment sucks, it definitely doesnt look like it sucks

            Edit: I imagine its one of my more upvoted comments because I’m not alone in entering this thread, seeing the dumpster fire the comment section was in, looking at the contents of the thread starter and then being like “Yeah, ok, that makes sense”

  • deft@lemmy.wtf
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    8 months ago

    Wanna know how I know y’all suck?

    Tickle is taking on Giggle for Girls and not one witty joke?

  • homura1650@lemm.ee
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    I’m not familiar with Australian law, but how do you get to “discrimination on the basis of gender identity” in this case. Wouldn’t the case for that be a trans man trying to join or stay on the app? (Or a cis man for that matter).

    It sounds like Tickle’s position is that the app should be discriminating based on gender identity. Her complaint seems more like them discriminating on (vaguely defined policy ammounting to) assigned gender at birth.

    Having said that, I suspect their tune will change if a trans man tried joining.

    • dogslayeggs@lemmy.world
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      Having said that, I suspect their tune will change if a trans man tried joining.

      Exactly this. I fucking guarantee they wouldn’t let a trans man join and actively contribute.

      • ChexMax@lemmy.world
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        Idk. I think a big point of the app is to discuss growing up female. Nothing against trans women, and I Believe trans women are women, but as a cis woman, I think I’d have more in common talking about my past with a trans male than with a trans female. We’d have similar stories of being treated a certain way growing up.

        • dogslayeggs@lemmy.world
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          I get that, but I bet the trans woman would feel much more in common with you in how she grew up than me. While you might not feel much in common with her, she would probably feel really comforted to hear your stories that align with what she was feeling.

    • mdwhite999@lemmy.sdf.org
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      Discrimination based on gender identity is basically saying I have been treated differently due to being transgender. She is saying that she as a transgender woman is being treated differently to a cisgender woman. Or that is at least how it works in the UK. I would presume Australia is similar

    • MisterFrog@lemmy.world
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      You can get your sex changed on your birth certificate in NSW according to Wikipedia. Not a lawyer, but I’m gonna guess the app is shit-out-of-luck on this one if their birth certificate indicates they’re a woman.

  • LillyPip@lemmy.ca
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    Wait. We’re unironically calling social media for women Giggle and then we’re surprised it might be sexist? April first was like a week ago…

  • RagingRobot@lemmy.world
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    I think she will win this. They didn’t require a genital photo so what’s even their proof? Arbitrary requirement anyways. Rules like that only leave people out. I understand the want for a space like that though. I hope this woman finds a space where she can feel safe.

      • Cypher@lemmy.world
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        8 months ago

        The case in the OP is in Australia. Your story is from the US and has absolutely zero bearing on any likely outcome.

      • mdwhite999@lemmy.sdf.org
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        8 months ago

        This case is being heard in Sydney, Australia not the US so a case from the US is not relevant in determining the outcome

      • DillyDaily@lemmy.world
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        I mean, given what’s happening with the women’s only art exhibit at the MONA right now, this woman definitely has a legal leg to stand on even with this being a private company.

        Even if it’s just a matter of false advertising (if the app means cis women they should say cis women, not say “women” and then go out of their to exclude an entire group of women) or compensation for being given access then having access removed.

        • SendMePhotos@lemmy.world
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          Fair enough. Just making a prediction. It’s a weird subject imo like, can you make a black only site? Can you make a white only site? Kind of the same territory, you know?

          • DillyDaily@lemmy.world
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            If you’re a private entity and there is a specific reason that having non-black people in the group would be detrimental to the purpose of the group, yes, in Australia you can make a black only space.

            For example, if you want to create a support group for POC to discuss trauma around being subjected to racism, to ensure you create a safe space, making the space POC only is not only legal, but often the more ethical choice for this group.

            Want to create a social and dating app for queer women to meet other queer women? What purpose would it serve to let straight people into that group?

            There is difference between public spaces, that must allow access and entry to all, and a private organisation that caters to specific demographics, and being freely open would completely defeat the purpose of the private organisations goals.

            I’m not an alcoholic, I don’t personally know anyone who has struggled with alcoholism. Why can’t I go to an AA meeting to talk about my feelings on alcoholism? Obviously, Because that’s not helpful, it has the potential to be harmful to the people who attend because they have lived experiences with alcoholism. I could argue I’m being discriminated against because of my medical history, but I’m not being discriminated against, I’m just not being catered to, because I don’t have an unmet need in this specific situation.

              • DillyDaily@lemmy.world
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                Again, it depends on the purpose of the group you’re creating, does this person in question face discrimination for their perceived race? Then a support group for people who have faced discrimination for their race may be the right place for them, assuming the intersection of having “chosen” to present as a race they’re not doesn’t create an unsafe space for the other group participants.

                However if your group is for people who have grown up POC or been raised in a non-dominant cultural group to discuss shared experiences, then obviously someone who identifies as POC later in life would not be served by that group, so would not be eligibile to join that group.

                There are circumstances when even if you fit the criteria of the group, you may still be excluded due to the way various identities and experiences intersect, or because your personal actions are not serving the group.

                It’s not discrimination to be told you can’t use a private service because the service can’t serve your specific needs, and your personal circumstances reduce the groups ability to serve its other members.

      • afraid_of_zombies@lemmy.world
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        What I found most interesting about that case is she was arguing that Christianity was homophobic and got the Supreme Court to agree with her.

        It was a bit of a floor dropping out from underneath me moment when I figured that out. How many years have I pointed out that being LGBT and a follower of Christ are inconsistent, and if you are LGBT with Christian friends you are their project? No one listens to me. And here one of them goes, spends all this effort and time, and manages to convince the court system that yes being a religious Christian means that you hate gay people.

        I doubt I have convinced anyone of this in my entire life, she made it an officially recognized fact. And this event will never be untrue since it did happen! For as long as records exist we will have a record of the moment where the US government agreed with me about what Christianity believes.

    • honey_im_meat_grinding
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      This is funny when you just look at your profile’s first page and see you’ve made comments like these:

      I hate this rhetoric. It implies that this a refular occurence. It is just a man hating comment. If this is happening to you frequently, maybe you are the problem. I am tired of being assumed an asshole just because I am a man. It is sexist. Plain and simple.

      So you deny “unproblematic” women regularly experiencing unsafe behavior from men who are entitled and you’re also denying people’s gender identity - otherwise, why would it be a waste of time for a woman’s fight for her right to access women’s spaces? So you’re hateful towards people you perceive to be “men” while complaining about “man haters” elsewhere. Logical inconsistencies in favor of hate is a hallmark sign of right wing extremist views.

      • JCreazy@midwest.social
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        That is some fancy mental gymnastics you came up with there. My comment before has absolutely nothing to do with this article. The fact that you went through my comment history to find a marginal strawman just goes to show you are trying to be argumentative. You can disagree with me all you want, it doesn’t mean you’re correct. In fact, nobody’s opinion can be correct.

        • xor
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          It’s not a “strawman” when it’s just quoting an actual comment you made - that’s called getting called out for your toxic bullshit

          • JCreazy@midwest.social
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            I missed the part where I was whining. I am not ashamed of anything in my comment history. It just isn’t relevant. There is also nothing to debate. Opinions don’t trump fact.

      • fiercekitten@lemm.ee
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        Or, we can recognize all the reasons that women (cis and trans) want and need women’s-only spaces. This site was claiming to be a space for women — not just cis women. According to the article, the site restricted Tickle’s account after some person there reviewed Tickle’s photo and determined that — because she didn’t look feminine enough — that she was not a woman. That, as well as using AI to determine gender or sex, are both deeply sexist and unacceptable.

        Not letting someone be part of a women’s space because they don’t meet someone’s standards of what a woman should look like? That’s bad. That’s wrong. That’s illegally discriminatory. That ends up hurting both cis and trans women, just like bathroom bills do.

        • homura1650@lemm.ee
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          That’s illegally discriminatory.

          Under what law? I’m not familiar with Australia, but here the the US, transfolk are just piggybacking off of legal protections against gender discrimination; which were never actually intended to protect trans people.

          In most cases, that actually works out fine. If you discriminate against a transwomen, it’s because you think they are a man presenting as a women. However, you have no problem with a women presenting as a women, so you are running afoul of gender discrimination laws. Legally speaking, your problem was discriminating against her for being a man.

          In instances like this though, that argument doesn’t apply. Once you get to the “you are discriminating against her for being a man” stage of the analysis, the response is simply “yes, and I’m allowed to discriminate against men”.

          It seems like Australia would need to have a law that specifically protects trans people for her to prevail here.

        • Cypher@lemmy.world
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          So you would see no issue if they had simply labeled the site as exclusive for cis women?

    • 1ostA5tro6yne
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      oh look a dude on the internet being a super dismissive asswipe towards queer and women’s issues. what a shocker. you must be super smart.

  • Cosmic Cleric@lemmy.world
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    Ms Tickle’s photograph was determined to be a woman and she used the app’s full features until September that year, when the account became restricted because the AI decision was manually overridden.

    I’d love to know the story behind the manual overriding.

    • Jojo@lemm.ee
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      Apparently she defended trans people in a conversation, someone complained, and moderators got involved and manually overrode the ai. Paraphrased hearsay.

    • deegeese@sopuli.xyz
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      It sounds like you’re trying to argue nobody should fight discrimination while there are still ditches to dig and toilets to scrub.

      • Taohumor@lemmy.world
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        I just call you a bigot if you deny me my identity and treating me properly as if I was that identity. I am a cis woman. You will treat me like one because I will not be misgendered or treated with misogynistic bullshit.

        • DillyDaily@lemmy.world
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          I’m not trying to be rude, I’m trying to understand.

          As far as the language is concerned, I’m just trying to understand how a trans woman could be a cis lesbian, when my understanding is that being cis and being trans are mutually exclusive.

          Am I missing something?