Home Politics Explosive twist in trans ‘what is a woman’ battle in Australia as Harry Potter author JK Rowling gets involved

Explosive twist in trans ‘what is a woman’ battle in Australia as Harry Potter author JK Rowling gets involved

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Giggle founder Sall Grover (pictured) is appealing last year's ruling, having previously told this publication she was prepared to take it all the way to the High Court.

A transgender woman who won Australia’s landmark “what is a woman” case has taken the extraordinary step of lodging a cross-appeal, seeking to improve her sentence, as JK Rowling intervenes in the bitter court battle.

In September, Roxanne Tickle won a case in the Federal Court against Sall Grover, the founder of the Giggle for Girls app.

Grover had banned the 54-year-old from accessing the app in 2021, arguing that it was for women and that Tickle was biologically male.

Tickle had identified as female since 2017, underwent surgery two years later and obtained a new birth certificate listing her sex as female.

Judge Robert Bromwich found that Tickle had suffered indirect discrimination and ordered Grover to pay $10,000 in damages (a small fraction of the $200,000 sought) and cover legal costs.

The ‘Tickle vs Giggle’ case made headlines around the world because it is one of the first times that the controversial question of ‘what is a woman’ has been tested in court, with the judge sensationally ruling that ‘the Sex is changeable.

Mrs Grover, 40, is appealing the case, having previously told this publication she was willing to go all the way to the High Court.

The mother of one now has the support of prominent gender activist and Harry Potter author JK Rowling.

Giggle founder Sall Grover (pictured) is appealing last year’s ruling, having previously told this publication she was prepared to take it all the way to the High Court.

The mother-of-one now has the support of prominent gender activist and Harry Potter author JK Rowling (pictured).

The mother-of-one now has the support of prominent gender activist and Harry Potter author JK Rowling (pictured).

It is understood the couple plan to meet in the UK next month.

But now Ms Tickle has lodged a cross-appeal seeking to upgrade the court’s ruling from indirect discrimination to direct discrimination.

It also seeks to significantly increase awards and aggravated damages beyond the initial $10,000 award and legal costs, which were capped at $50,000.

The move was confirmed by his law firm, Barry Nilsson.

“A cross-appeal has been filed and there will be a hearing to determine that,” said senior associate Tinashe Makamure.

“It is simply a matter of examining in particular the finding of indirect discrimination… and whether the legal tests that were applied were correct.”

Grover officially filed her own appeal this week, declaring her determination to defend the integrity of women-only spaces.

“Our mission has always been to provide a haven for women, where they can connect, support each other and express themselves freely without the intrusion of biological men,” Ms Grover said.

Despite winning the case, Roxanne Tickle (pictured) filed a cross-appeal seeking to upgrade the tribunal's finding from indirect to direct discrimination.

Despite winning the case, Roxanne Tickle (pictured) filed a cross-appeal seeking to upgrade the tribunal’s finding from indirect to direct discrimination.

“This appeal aims to preserve that vision and ensure that the legal system recognizes the reality of biological sex.”

The case has attracted significant public and legal attention, not only for its implications in discrimination law but also for its broader social impact.

The Australian Human Rights Commission (AHRC) has again requested to intervene in the appeal.

At the first hearing, the AHRC aimed to clarify and help interpret the provisions of the Sex Discrimination Act.

However, they argued only for gender identity over sex.

For Grover, sex is a biological reality assigned at birth and cannot be changed.

She is pushing for this to be enshrined in law under the Sex Discrimination Act.

The AHRC’s intervention underlines the importance of the case in shaping future legal interpretations of gender identity and sex-based rights in Australia.

For Grover, sex is a biological reality assigned at birth and cannot be changed.

For Grover, sex is a biological reality assigned at birth and cannot be changed.

JK Rowling sent Grover her

JK Rowling sent Grover her “total solidarity” last month

Adding another layer to the legal saga, the Australian Christian Lobby (ACL) has also joined the fray by asking to intervene, in support of Giggle and sex-based rights.

The ACL’s involvement highlights the intersection of religious beliefs with contemporary issues of sex and privacy.

Their legal representation maintains that the case touches on fundamental issues of freedom of association and the right to maintain spaces based on biological sex, which they claim should be respected by law.

‘This case is not just about one application or one individual; “It’s about setting a precedent that respects the unique experiences and needs of women in all aspects of life, including digitally,” added Ms. Grover.

Ms Grover said that while she welcomes the support from various sectors, the central issue remains the protection of women’s rights to single-sex spaces.

“They force you to believe that men are women and if they can force you to believe that, they can force you to believe anything,” Ms Grover previously told Daily Mail Australia.

“Politicians can’t campaign to end violence against women and try to look like the good guy when they are literally forcing laws to be passed so that women can’t say ‘no’ to men.”

“Women must be allowed to say no, simple as that.”

The first case management hearing is scheduled for February 12 at the Federal Court in Sydney.

Daily Mail Australia has approached Tickle’s representatives for comment.

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