A woman at the centre of the landmark Giggle vs Tickle gender discrimination case has issued a warning to Australian women and girls, while revealing she will take her challenge all the way to the High Court.
Sall Grover had attempted to overturn a finding that she discriminated against a transgender woman when she banned them from her female-only app, but her appeal was dismissed by the Federal Court on Friday.
The court also doubled the damages awarded to the transgender woman, Roxanne Tickle, from $10,000 to $20,000.
On top of that, the court ordered Ms Grover to pay Ms Tickle's legal costs of up to $100,000, which Ms Grover claimed demonstrated that Australia's judiciary is facing 'ideological capture'.
'This is a massive setback for women, especially in the western world who have spent the better part of a century fighting for rights like getting the vote,' Ms Grover told Daily Mail.
'Now we're not even defined. Women are not defined in discrimination law at all. We are in a very scary situation where the court is accepting ideology over reality.'
Ms Grover, who founded the Giggle for Girls app, said she has experienced 'waves of shock' since Friday's decision which found she had directly discriminated against Ms Tickle under the Sex Discrimination Act.
Ms Tickle was rejected from the Giggle app in September 2021 because she was judged to appear to be a man in a selfie submitted to the app.
Sall Grover was found to have directly discriminated against Roxanne Tickle when she banned them from a female-only app
Ms Tickle (pictured leaving court after winning the case) was removed from Giggle in late 2021
The court found Grover treated Tickle less favourably than a woman designated female at birth
Under the Sex Discrimination Act, it is illegal to discriminate against someone because of their gender identity, sexual orientation or intersex status.
While she is yet to go through the judgment with a fine toothed comb, Ms Grover said what alarmed her most about the judgement was that it was 'full of the language of cisgender and transgender.'
'Now those two words don't exist in Australian legislation, that is the activists' language brought in by the Australian Human Rights Commission,' she said.
'So to sit there and say the law has dictated this decision it's simply not true because the law talks about gender identity, it doesn't talk about transgender or cisgender, they are not terms in the legislation.'
The appeal judgement also found that Ms Grover's conduct in court was 'gratuitous, disrespectful and unnecessary to the conduct of her case' after she referred to Ms Tickle in court while using male pronouns.
Ms Tickle was born male but identifies as female, having undergone gender-affirming surgery and hormone treatments and interacting among family, friends and at work as a woman.
'They said I should call (Tickle) him only in private, not in public. Well, I'm sorry, the entire premise of the case is me saying Tickle is a man,' Ms Grover said.
'So, if I can't talk about the premise of the case ... then how is that justice? You may not agree with what I'm saying, but to punish someone for what their position is on the case I think is terrifying and sinister.'
Ms Grover's Giggle for Girls app was marketed as a platform exclusively for women
She added: 'Everyone should be scared about it because legal precedents for misgendering are disastrous.'
While admitting she was 'really confident' about a successful outcome on Friday, she was shocked at 'Australia's willingness to make itself a laughing stock.'
'Sometimes you just stop and go, I'm being taken to the highest courts in Australia over what a woman is - and losing - to a man,' Ms Grover said.
'We're all told that courts are based on evidence, and the only thing that ever matters is evidence... how did we get here as a society that this is even something we have to spend our time on?'
Ms Grover has the support of Harry Potter writer J.K. Rowling, though she said she is yet to speak to her after the Federal Court's decision.
Meanwhile, the Coalition have confirmed they would make amendments to the Sex Discrimination Act to 'ensure women and girls have protections based on biological sex'.
'We are not removing a single protection from anyone. But we are recognising something that should never have been in doubt: biological sex, is real, it matters, and women and girls deserve spaces where it is respected,' Angus Taylor said.
Ms Grover now has 28 days to apply for a High Court appeal - a mammoth challenge she said she will not shy away from.
Ms Grover has the support of Harry Potter author and gender critical activist JK Rowling - she said she has not yet spoken to Rowling following Friday's appeal judgment
'I will fight until the bitter end,' she said. 'If I was to back down, all I'd be actually saying to lawmakers and trans activists is, ''Okay, yeah, if you push us enough then eventually we will accept it,'' and that's just simply not the case.
'I have a little girl in my care and what kind of mother would I be if I happily sent her out into the world saying you cannot say no to a man, no matter how he identifies, coming into your private spaces without fear of being punished.'
Ms Grover's landmark ruling could also have implications for other women-only spaces and is likely to reignite debate over the definition of a woman.
She is also backing anti-trans campaigner Kirralie Smith, who is currently appealing an order to pay $95,000 in fines after she was found to have unlawfully vilified two trans women in a series of social media posts in 2024.
The court heard the posts included photos of Ms Blanch, describing her as the 'bloke in the frock', while calling on her followers to contact local sporting bodies to have Ms Blanch removed from the club.
She also shared a series of posts about transwoman Riley Dennis and falsely accused the player of injuring two players during a match.
'These women were subjected to horrendous harassment online, including being publicly identified, outed and misgendered,' said Equality Australia Legal Director Heather Corkhill.
'People who target vulnerable minorities to incite hatred and fear need to be called out and stopped. Smith and her supporters are out of step with the law, out of step with community values, and out of step with modern Australia.'
Ms Grover is also championing the cause of Kirralie Smith, who is appealing a finding that she unlawfully vilified two trans women on social media
Ms Smith, who heads anti-trans organisation Binary Australia, was previously the director of anti-marriage equality group Marriage Alliance
Ms Smith's appeal will be heard in the NSW Supreme Court on May 25 - a decision Ms Grover said she does not hold much hope for.
'There is a lot of ideological capture in the Australian judiciary ... it's supposed to be the checks and balances,' she said.
While she evaluates the next steps to her High Court appeal, Ms Grover said she is also working on bringing the Giggle App back into public use.
Though she would not be drawn on a timeline, she said she was committed to making the app live, even if she has to 'renounce her Australian citizenship' in order to do so.
Meanwhile Ms Tickle, who spoke briefly to the media outside court on Friday, said she hoped the outcome would 'assist trans and gender diverse people and their loved ones to heal.'
'I now look forward to getting on with the rest of my life in the community we all know and love. One that embraces freedom and equality for all women,' she said.
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