High Court strikes down man’s attempt to be recognised as ‘non-binary’

A Californian man has lost his case to be legally recognised as “non-binary” in the UK.

Ryan Castellucci challenged the Gender Recognition Panel after it told him the “UK system is a binary system”, so Gender Recognition Certificates can only “certify either male, female or ‘not specified'”.

Following a hearing in November, the High Court has ruled that because the Gender Recognition Act “refers to a binary concept; that is, to male, or to female gender” he cannot change his legal sex to “non-binary”.

Ruling

Castellucci, who now lives in the UK, changed his sex on his Californian birth certificate from “male” to “nonbinary” to 2021, while his US passport was changed to “X” the following year.

Although he claimed the UK was obliged to recognise California’s decision under the Gender Recognition Act or the European Convention on Human Rights, Lady Justice Elisabeth Laing and Mrs Justice Heather Williams highlighted “very weighty reasons” for not doing so.

The judges supported the Government’s argument that such a change would have a wide-ranging legal effect, and said it would be a question for Parliament to consider.

Passport

Meanwhile, Government ministers are being urged to close a ‘major loophole’ which allows people to easily change official documents to self-identify their sex.

In order to legally change sex by obtaining a Gender Recognition Certificate and an altered birth certificate, a person must have lived as if they are a member of the opposite sex for two years, have a medical diagnosis of gender dysphoria, and be approved by a panel.

But it is a much simpler task to change the sex markers on documents such as driving licences and passports.