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Writer's pictureCynthia Fortlage

The Inclusion of Trans Women in Women’s Spaces – A Landmark Case and Its Implications



In our ongoing discussions on gender diversity and intersectionality, we have often highlighted the critical importance of ensuring that spaces and rights traditionally designated for women are inclusive of all women, including trans women. Recent developments in Australia provide a landmark case that underscores the complexities and importance of this issue, which we feel is vital to share with you, our readers.


The case of Roxanne Tickle vs. Giggle for Girls has become a pivotal moment in the conversation around gender identity and women’s rights. For those who may not be familiar, Giggle for Girls is a women-only social media platform that excluded Roxanne, a trans woman, after initially granting her access. The app argued that this exclusion was lawful sex-based discrimination, as they perceived Roxanne as male. However, the Australian Federal Court ruled in Roxanne’s favour, recognising her as a victim of indirect discrimination based on gender identity.


This ruling is not only significant within Australia but could have far-reaching implications globally, especially in countries that have ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). It’s worth noting that the UK, Canada, and the USA have all signed the CEDAW treaty, with the UK and Canada having ratified it. Although the USA has signed CEDAW, it has yet to ratify the agreement fully. The court’s decision challenges us to think deeply about what it means to create safe and inclusive spaces for all women, especially within the legal frameworks that govern gender rights across these nations.


In previous blog posts, we’ve touched upon the importance of intersectionality in feminist advocacy—understanding that the fight for gender equality must account for the diverse experiences of all women. This case reinforces that message. It reminds us that trans women’s inclusion in women’s spaces is not just a matter of social acceptance but a legal right that needs to be defended and respected.


As we continue to champion human rights and create safe spaces where everyone feels they belong, it’s essential that our discussions on women’s rights remain inclusive and intersectional—core values of Feminism 4.0. Unlike the first three waves of feminism, which often overlooked the experiences of marginalised women, Feminism 4.0 emphasises the need to address the diverse and intersecting forms of oppression that different women face. This case is a powerful example of why that commitment matters and how it can be upheld within our communities and the broader legal system.


We encourage you to reflect on this case and consider its implications for our collective work. Let’s ensure that, moving forward, our advocacy is as inclusive as possible – because the fight for women’s rights must include all women.


We would love to help you consider the implications of this ruling for your business worldwide. Feel free to contact us directly. Email: cynthiafortlage@cynthiafortlage.com


Stay engaged, stay informed, and, most importantly, stay inclusive.

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