Sall Grover’s court appeal to be heard next month

Sall Grover is back in court next month, appealing the decision that she indirectly discriminated against male app user Roxanne Tickle by barring him from the female only app Goggle for girls.

Incredibly, during the hearing judge Robert Bromwich falsely claimed that “sex is changeable” placing women and girls in Australia at great risk of erasure in law. His statement demonstrates a blatant disregard for reality and allows males unfettered access to all female spaces, services and sport.

Man-made laws can never trump reality. 

Justice Bromwich found that Ms Grover had indirectly, but not directly, discriminated against Ms Tickle when she removed her from the app because she did not look sufficiently female, and ordered her to pay Ms Tickle $10,000, as well as her legal costs.

Ms Grover’s appeal will be heard over four days in August in the Full Court of the Federal Court, before justices Melissa Perry, Geoffrey Kennett and Wendy Abraham.

In a reflection of the extraordinary legal significance of the case, the court has granted leave to both the Sex Discrimination Commissioner and the Lesbian Action Group to intervene in the appeal.

Ridiculously, The Australian and every other media outlet refers to Tickle with female pronouns for fear of being hauled before the courts for misgendering. 

The media and the justice system are nothing more than a laughing stock when they lie about reality for the sake of avoiding hurting some men’s feelings. 

The appeal is necessary to try and restore some kind of sane and logical application of the law.

Ms Grover’s appeal team will claim that Justice Bromwich failed to consider the broader context of the Sex Discrimination Act, arguing that the app’s female-only policy was a special measure intended to address the unique disadvan­tages faced by women in digital spaces, and thus should not be considered discriminatory.

Ms Grover said her own experience of sexual abuse and trauma recovery underscored for her the importance of female-only support environments and led directly to the app’s creation.

“These are not abstract concerns,” she says in her appeal submission, obtained by The Aus­tralian. “They represent real, lived disadvantage occasioned by female biological or physiological differences.”

Sall Grover has been a tireless advocate for truth and for females in Australia. Through pregnancy and very trying circumstances she has taken on the battle to have sex-based rights and reality recognised in law. It has been costly on every level.

Ms Grover told The Australian she was confident her appeal would succeed. “This person is clearly a male person,” she said. “He can call himself whatever he wants, he can wear whatever he wants. It’s only mine or anyone else’s business if we’re being forced to believe something that really isn’t true – and that’s my problem with it.”

She said her life and business had been at a standstill since Justice Bromwich’s decision. “My professional life has been completely put on hold, and my days are instead spent focusing on raising the money to pay for the case.”

Ms Grover estimates the case will have cost $1.5m by the end of the Federal Court appeal, and another $1.5m if it goes to the High Court. “We could be looking at $3m … spent just to establish that women can have female-only ­spaces,” she said.

“It’s absurd, but I’m an eternal optimist and I think in the end truth always wins.”

Grover is right and has already won in the sense that nonsensical laws cannot prevail for long. 

Biology is immutable. Reality is the standard. Justice will one day catch up and Sall Grover will be 100 per cent vindicated.