this post was submitted on 09 Apr 2024
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  • 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.

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[–] john89@lemmy.ca 99 points 7 months ago (62 children)

I don't understand.

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

[–] prof@infosec.pub 83 points 7 months ago (12 children)

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 14 points 7 months ago (1 children)

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 27 points 7 months ago

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.

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[–] UnderpantsWeevil@lemmy.world 21 points 7 months ago (6 children)

More the reverse. If you say "Girls Only" and then exclude a girl, you've violated your own terms of service.

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[–] tatterdemalion@programming.dev 6 points 7 months ago (1 children)

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.

[–] CileTheSane@lemmy.ca 1 points 7 months ago (2 children)

Does that include protected classes? For example: can they exclude minorities?

[–] Crashumbc@lemmy.world 5 points 7 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 1 points 7 months ago

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.

[–] afraid_of_zombies@lemmy.world 6 points 7 months ago

Seems like you do understand it.

But fear not, if you want a website full of only men there are plenty out there.

[–] PuddingFeeling907@lemmy.ca 3 points 7 months ago (1 children)

Your account is a day old so I’m thinking you’re arguing in bad faith and are likely transphobic.

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