Scarlet Alliance, Australian Sex Workers Association, has welcomed the Federal Court’s decision today in Tickle v Giggle for Girls Pty Ltd, which reaffirmed that excluding a transgender woman from a “women-only” social media app was unlawful gender identity discrimination under the Sex Discrimination Act 1984 (Cth).
Scarlet Alliance CEO Mish Pony said the decision was an important affirmation that trans women are protected from discrimination on the basis of gender identity in the provision of goods and services, reinforcing the intent of the 2013 amendments to the Sex Discrimination Act.
“This judgment is a clear affirmation that trans women are women, and that denying them access to services on the basis of gender identity is discrimination,” said Mish.
“For sex workers, particularly those who are trans and gender diverse, this is not an abstract legal issue. These protections shape whether people can safely access housing, banking, healthcare, employment, services and community life without discrimination.”
Scarlet Alliance is the national peak body representing sex workers and sex worker organisations and projects across Australia, advocating for equality, social, legal, political, cultural and economic justice for sex workers since 1989. Research by Scarlet Alliance in collaboration with UNSW shows that sex workers experience high levels of stigma, discrimination and vilification that affect access to housing, employment, financial services, health care and justice.
“Sex workers in Australia have long been treated as ‘easy targets’ for vilification and discrimination, with current anti-discrimination frameworks in many jurisdictions failing to address discrimination against us,” Mish said.
“What is at stake in cases like this is whether anti-discrimination law expands equality and participation, or whether carve-outs and exemptions are increasingly used to legitimise exclusion.”
Scarlet Alliance has consistently advocated for comprehensive anti-discrimination and anti‑vilification protections that explicitly include sex workers and sex work as protected attributes, and that uphold robust protections on the grounds of gender identity and sexual orientation. The organisation has made submissions on the Religious Discrimination Bill 2021, the review of Queensland’s Anti‑Discrimination Act, and reviews of New South Wales and other state frameworks, calling for the removal of exemptions that permit discrimination and for sex workers to be named in legislation.
“Our advocacy on anti-discrimination law reform is grounded in the lived experience of sex workers, including those who are trans, gender diverse, lesbian, gay and bisexual,” said Mish.
“When courts recognise that gender identity protections must be interpreted in a way that actually protects trans people, that supports the case for stronger, clearer protections for sex workers and other marginalised communities.”
Scarlet Alliance notes that its Policy and Advocacy Manager, Dr Elena Jeffreys, recently provided expert evidence in Lesbian Action Group Inc v Australian Human Rights Commission, a case concerning an application for an exemption under the Sex Discrimination Act that would have allowed a lesbian group to exclude trans women from publicly advertised events. In that matter, Dr Jeffreys’ expert report and evidence addressed lesbian feminism, the place of trans women within lesbian communities, and the harms of granting legal permission to run publicly promoted events that exclude trans women.
“In both the Giggle case and the Lesbian Action Group proceedings, what is at stake is whether our anti-discrimination framework will be used to expand equality, or to create new pathways for lawful discrimination,” Mish said.
Scarlet Alliance calls on governments to build on the Tickle v Giggle for Girls decision by:
- Strengthening anti-discrimination and anti‑vilification laws to ensure they explicitly protect sex workers and sex work as named attributes.
- Removing exemptions that enable discrimination against sex workers, trans and gender diverse people, and other marginalised communities in areas such as accommodation, employment, education and the provision of goods and services.
- Ensuring accessible complaints processes that protect privacy and safety, including for sex workers whose work remains criminalised in some jurisdictions.
“This is a landmark decision for trans rights, but it must be a stepping stone, not the destination,” said Mish.
“Once discrimination exemptions become normalised for one community, they do not stay contained to that community. Sex workers know from experience how quickly exclusion becomes systemic, in housing, healthcare, banking and digital spaces.”
“Anti-discrimination law should be a shield that protects marginalised communities, not a mechanism for deciding who deserves protection and who does not.”
Media contact:
Mish Pony – Chief Executive Officer, Scarlet Alliance
Phone: 0402 633 424
Email: mish.pony@scarletalliance.org.au
Web: www.scarletalliance.org.au