The judge said the evidence did not establish Tickle was excluded from Giggle directly “by reason of her gender identity although it remains possible that this was the real but unproven reason”.

Rather, the indirect discrimination case succeeded because Tickle was excluded from the use of the social media app “because she did not look sufficiently female”.

And yet…

Grover [app’s maker] told the court that she would not address Tickle as “Ms” and that, even if a transgender woman presented as female, had gender affirmation surgery, lived as a female and held female identity documents, Grover would still see her as a “biological male”.

Sounds like literal discrimination by her gender identity to me. If Grover said this in court, displayed this in court, how could there be any doubt?

For a person named Tickle who just won a case she doesn’t seem very happy, but that’s probably sexist of me, expecting a woman to have to smile.