“Any appeal dependent on the demonstration of error in the Full Court’s construction of those provisions has insufficient prospects of success to warrant a grant of special leave to appeal.”
‘Not the Court’s Fault’
MacAlpine, who works for the Australian Christian Lobby’s (ACL) Download platform, expanded his critique, saying on Instagram, “women will be the poorer for it.”
ACL CEO Michelle Pearse has described the High Court outcome as “the final sad chapter of a story that’s run for almost five years.”
In case you missed it, the Federal Court ruled against Sall Grover in May, finding her guilty of discriminating against a biological man who identifies as a woman.
This was after Grover refused to allow him onto Giggle, Grover’s women-only app.
Clearly disappointed in the High Court decision, Pearse wrote, “Let me be plain about what this means, because the legal language can obscure the plain reality.
“Under the law as it stands today, a woman can be found guilty of unlawful discrimination for maintaining a space exclusively for women.”
In other words, “a law written in 1984 to protect women and girls is now being used against them.”
Pearse put the problem back on the government.
The judiciary is not at fault, she said.
Former Labor Prime Minister Julia Gillard opened the door for the weaponisation of the Sex Discrimination Act in 2013.
The change “removed the long-settled clear definitions of ‘man’ and ‘woman’ and inserted ‘gender identity’ as a protected attribute.”
That happened, Pearse said, “without properly safeguarding the single-sex spaces that generations of women have relied upon.”
This is, she added, “precisely why yesterday’s decision matters so much.
“Every judicial avenue is now exhausted.
“There is no higher court, no further appeal, no other case waiting in the wings.
“The courts have interpreted the law. Only the lawmakers can change the Act.”
Doing so, Pearse argued, “would restore it completely to its original purpose: to protect real women from discrimination.
“Gender identity is legal fiction and should have never been legislated.”
This isn’t advocating against the dignity of others, she concluded. It’s about asserting truth and affirming certainty.
Likewise, Binary’s Kirralie Smith said the High Court’s refusal was a “devastating blow.”
“There are a great many comments online about the legality of such a decision and conflict as to what should or could be done.
“The reality is,” Smith said, “only politicians can fix this mess now.
“The court’s decision is frightening. It should put every single person on notice that our government has gone too far, has too much power and is entertaining punishing truth for the sake of ideology.”
Echoing some of MacAlpine and Pearse’s sentiment, Smith warned, “Anyone who thinks it will stop with the enforcement of gender ideology is sadly mistaken.
“If the courts and government can lie about something as fundamental as the reality of human bodies, if they can punish people for non-compliance, do you really think they will stop there?”
Grover Decides to Leave Australia
Sall Grover’s response to the 10 September decision was as prolific as it was defiant.
On the day, Grover put the ruling on X with the simple caption: “I will never stop fighting. Men are not women.”
The next day she quipped, “A man won the ‘what is a woman’ case.”
Interviewed by the UK’s Talk TV, Grover said this isn’t a culture war. It’s a legal and political war.
Grover told the UK channel, “he can’t change the law.
“The reason is that all of Australia’s institutions are captured. If he were to actually come out on our side on this, they will turn against him.”
Albanese is, “I think, highly aware of that,” she explained.
“So, he’s absolutely beholden to trans activists at this point.”
The mum and Giggle founder then confirmed she was leaving Australia, saying, “The person who took me to court, took me to court essentially for no reason.”
Leaving Australia allows her to continue doing what she’s set out to do, Grover said.
“But I think about the women in Australia. It’s not like every woman in Australia who wants a women-only space can leave the country.”
“So, I’m going to fight [for] women in Australia until this law is changed.”
Grover Determined to Fight Bad Law
Stepping up that fight, News24 published a more detailed response from Grover on 12 September.
There, she stated that the law now says, in practice, a man is a woman.
“Without new legislation,” Grover said, “Australian discrimination law treats sex as changeable and ‘woman’ as a mixed-sex category any transitioned male can be included in.”
To this, she added, “Women as a sex class — adult human females — have been written out of the legislation that was supposed to protect us.”
This doesn’t stop with women, Grover noted.
“Every Australian should have the right to acknowledge reality and to refuse an ideology they do not adhere to.
“The law now punishes that refusal.”
This isn’t inclusion, she remarked.
It’s “compelled belief.”
“Courts have now resolved the conflict by letting identity overwrite sex.”
They’ve “chosen ideology over reality. But reality does not change. The law will have to.”
“Australia,” Grover pointed out, “could have led the way with the original Tickle v Giggle decision.” Instead, it’s “doubled down in the opposite direction.”
From here, she slammed the 2013 Labor adjustments to the law, saying, “the law is wrong.”
Refusing to live by lies, she declared, “I will not call a man a woman.
“I will not pretend a mixed-sex category is an accurate definition of woman.
“And I will not accept that the price of living in Australia is surrendering reality so an ideology can have the force of law.”
The High Court decision closed the judicial door. “It’s time to open the political one.
“Women are still women. Men are not women. Sex is not changeable. Laws are,” Grover exclaimed.
“Change the Act.”
Under the current Labor government, any hope of fixing the Labor law is a flat, blunt “no, don’t hold your breath.”
Albanese’s flailing, useless, and politically correct cabinet refuses to define a woman. Let alone answer questions about what a woman is.
As MacAlpine asserted, this is very much now a case of the government telling Australians they will “live by lies” and learn to “love is love” it — or else!
We need your help. The continued existence of the Daily Declaration depends on the generosity of readers like you. Donate now. The Daily Declaration is committed to keeping our site free of advertising so we can stay independent and continue to stand for the truth.
Fake news and censorship make the work of the Canberra Declaration and our Christian news site the Daily Declaration more important than ever. Take a stand for family, faith, freedom, life, and truth. Support us as we shine a light in the darkness. Donate now.
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The Daily Declaration is an Australian Christian news site dedicated to providing a voice for Christian values in the public square. Our vision is to see the revitalisation of our Judeo-Christian values for the common good. We are non-profit, independent, crowdfunded, and provide Christian news for a growing audience across Australia, Asia, and the South Pacific. The opinions of our contributors do not necessarily reflect the views of The Daily Declaration. Read More.
Sall Grover Confirms She’s Leaving Australia, Won’t Live by Lies
16 September 2026
4.7 MINS
Stephen MacAlpine has correctly stated that the Australian government wants Sall Grover to “live by lies.”
The Australian cultural commentator is condemning the High Court’s refusal to hear Grover’s appeal in the free-speech-defining fight Giggle v. Tickle.
Her appeal, which could have corrected the LGBTQ+ lawfare blurring gender in Australia’s Sex Discrimination Act, was rejected last Thursday.
The High Court said in a brief response that there is no reason to doubt the Full Court’s decision.
Referring to section 7D of the Act, they added:
“Any appeal dependent on the demonstration of error in the Full Court’s construction of those provisions has insufficient prospects of success to warrant a grant of special leave to appeal.”
‘Not the Court’s Fault’
MacAlpine, who works for the Australian Christian Lobby’s (ACL) Download platform, expanded his critique, saying on Instagram, “women will be the poorer for it.”
ACL CEO Michelle Pearse has described the High Court outcome as “the final sad chapter of a story that’s run for almost five years.”
In case you missed it, the Federal Court ruled against Sall Grover in May, finding her guilty of discriminating against a biological man who identifies as a woman.
This was after Grover refused to allow him onto Giggle, Grover’s women-only app.
Clearly disappointed in the High Court decision, Pearse wrote, “Let me be plain about what this means, because the legal language can obscure the plain reality.
“Under the law as it stands today, a woman can be found guilty of unlawful discrimination for maintaining a space exclusively for women.”
In other words, “a law written in 1984 to protect women and girls is now being used against them.”
Pearse put the problem back on the government.
The judiciary is not at fault, she said.
Former Labor Prime Minister Julia Gillard opened the door for the weaponisation of the Sex Discrimination Act in 2013.
The change “removed the long-settled clear definitions of ‘man’ and ‘woman’ and inserted ‘gender identity’ as a protected attribute.”
That happened, Pearse said, “without properly safeguarding the single-sex spaces that generations of women have relied upon.”
This is, she added, “precisely why yesterday’s decision matters so much.
“Every judicial avenue is now exhausted.
“There is no higher court, no further appeal, no other case waiting in the wings.
“The courts have interpreted the law. Only the lawmakers can change the Act.”
Doing so, Pearse argued, “would restore it completely to its original purpose: to protect real women from discrimination.
“Gender identity is legal fiction and should have never been legislated.”
This isn’t advocating against the dignity of others, she concluded. It’s about asserting truth and affirming certainty.
Likewise, Binary’s Kirralie Smith said the High Court’s refusal was a “devastating blow.”
“There are a great many comments online about the legality of such a decision and conflict as to what should or could be done.
“The reality is,” Smith said, “only politicians can fix this mess now.
“The court’s decision is frightening. It should put every single person on notice that our government has gone too far, has too much power and is entertaining punishing truth for the sake of ideology.”
Echoing some of MacAlpine and Pearse’s sentiment, Smith warned, “Anyone who thinks it will stop with the enforcement of gender ideology is sadly mistaken.
“If the courts and government can lie about something as fundamental as the reality of human bodies, if they can punish people for non-compliance, do you really think they will stop there?”
Grover Decides to Leave Australia
Sall Grover’s response to the 10 September decision was as prolific as it was defiant.
On the day, Grover put the ruling on X with the simple caption: “I will never stop fighting. Men are not women.”
The next day she quipped, “A man won the ‘what is a woman’ case.”
Interviewed by the UK’s Talk TV, Grover said this isn’t a culture war. It’s a legal and political war.
She was pushing back on Anthony Albanese’s asinine “it’s the culture wars” dismissals he gave the ABC.
Albanese made the remarks in May on the ABC’s Afternoon Briefing.
Grover told the UK channel, “he can’t change the law.
“The reason is that all of Australia’s institutions are captured. If he were to actually come out on our side on this, they will turn against him.”
Albanese is, “I think, highly aware of that,” she explained.
“So, he’s absolutely beholden to trans activists at this point.”
The mum and Giggle founder then confirmed she was leaving Australia, saying, “The person who took me to court, took me to court essentially for no reason.”
Leaving Australia allows her to continue doing what she’s set out to do, Grover said.
“But I think about the women in Australia. It’s not like every woman in Australia who wants a women-only space can leave the country.”
“So, I’m going to fight [for] women in Australia until this law is changed.”
Grover Determined to Fight Bad Law
Stepping up that fight, News24 published a more detailed response from Grover on 12 September.
There, she stated that the law now says, in practice, a man is a woman.
“Without new legislation,” Grover said, “Australian discrimination law treats sex as changeable and ‘woman’ as a mixed-sex category any transitioned male can be included in.”
To this, she added, “Women as a sex class — adult human females — have been written out of the legislation that was supposed to protect us.”
This doesn’t stop with women, Grover noted.
“Every Australian should have the right to acknowledge reality and to refuse an ideology they do not adhere to.
“The law now punishes that refusal.”
This isn’t inclusion, she remarked.
It’s “compelled belief.”
“Courts have now resolved the conflict by letting identity overwrite sex.”
They’ve “chosen ideology over reality. But reality does not change. The law will have to.”
“Australia,” Grover pointed out, “could have led the way with the original Tickle v Giggle decision.” Instead, it’s “doubled down in the opposite direction.”
From here, she slammed the 2013 Labor adjustments to the law, saying, “the law is wrong.”
Refusing to live by lies, she declared, “I will not call a man a woman.
“I will not pretend a mixed-sex category is an accurate definition of woman.
“And I will not accept that the price of living in Australia is surrendering reality so an ideology can have the force of law.”
The High Court decision closed the judicial door. “It’s time to open the political one.
“Women are still women. Men are not women. Sex is not changeable. Laws are,” Grover exclaimed.
“Change the Act.”
Under the current Labor government, any hope of fixing the Labor law is a flat, blunt “no, don’t hold your breath.”
Albanese’s flailing, useless, and politically correct cabinet refuses to define a woman. Let alone answer questions about what a woman is.
As MacAlpine asserted, this is very much now a case of the government telling Australians they will “live by lies” and learn to “love is love” it — or else!
___
Image via Facebook/Sall Grover.
About the Author: Rod Lampard
Australia / COMMENTARY / Fairness & Justice / Freedom / Gender / Politics
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