Judicial Review: Ryan Castellucci v Gender Recognition Panel
US citizen alleges GRP breached their duty to recognise his legal sex as neither male or female
US citizen, Ryan Castellucci, is bringing a judicial review against the UK Government's Gender Recognition Panel (GRP) alleging it breached its statutory duty to issue a Gender Recognition Certificate (GRC) which recorded his legal sex as 'non-binary'.
‘Non-binary’ is a gender-identity ideological term for people who say they feel neither male or female and do not 'identify' as such.
In the US, Castellucci's legal sex is recognised as 'non-binary' on all of his official documents including his birth certificate and passport, which is marked by an X rather than M(ale) or F(emale).
After moving to London in 2019, he applied to have his 'non-binary' identity recognised in the UK through the Gender Recognition Act (GRA) but found the GRA does not provide for 'gender identites' other than male or female.
After a series of correspondence defending his claim, Castellucci was offered a final option of 'not specified', although the GRP conceded the status would have 'uncertain legal effect'. Taking this option intermittently as he continues legal action, Castellucci is now the first (and only) person to be listed as ‘not specified’ in the UK.
In May 2023, Castellucci was granted a one-day judicial review to argue his claim on two grounds:
That the GRP’s refusal to issue a GRC recording his legal sex as ‘non-binary’ means he is treated differently from a person from California who are recorded as male or female, and is therefore discriminatory contrary to Article 14 ECHR; and
That the GRP’s refusal amounts to an infringement of his right to a private life contrary to Article 8 ECHR
Castellucci is also allowed to seek permission to his ground that the GRP breached its statutory duty to issue a ‘non-binary’ GRC at the final hearing.
Defending the government, the Minister for Equalities will contend GRA only permits GRCs on a binary basis; male and female.
Ryan Castellucci's crowdfunder
Status
This is a one-day hearing at High Court on 1st November 2023.
UPDATE 17th January 2024 - Lady Justice Elisabeth Laing and Mrs Justice Heather Williams delivered their judgment and dismissed Castellucci's case though permitted appeal. The judgment can be found here
Update 24th April 2024 - Ryan Castellucci has been granted permission to appeal the judgment of the High Court that a decision not to issue them a nonbinary Gender Recognition Certificate (GRC) was lawful.
Live tweeting sessions
Abbreviations
J - either of the two Judges (Lady Justice Elisabeth Laing and Mrs Justice Heather Williams)
RC - Ryan Castellucci, Claimant
JE - Sir James Eadle KC, counsel for RC
GRP - Gender Recognition Panel, Respondent
CB - Chris Buttler KC, counsel for GRP
GRA - Gender Recognition Act
GRP - Gender Recognition Panel
GRC - Gender Recognition Certificate
ECHR - European Convention of Human Rights
BC - Birth Certificate
CA - California, where RC is from
SoS - Secretary of State,
NB - Non Binary
PC - Protected Characteristic
Ellen Kane/Elan King/Elan Kane/E-K - All refer to Christie Elan Cane (m
Press Coverage
Here are links to a selection of relevant press coverage about this case. These links are included without comment and are not endorsed by Tribunal Tweets. This is a sample of coverage only, with most recent first - it is not comprehensive. Please DM our main Twitter account to submit coverage from an established news outlet. Any paywalled article must be archived.
24 April 2024
Leigh Day: Nonbinary US citizen granted permission to appeal ruling over gender recognition certificate
17 Jan 2024
Daily Mail - Non-binary American loses High Court challenge against UK's gender recognition laws
The Telegraph - Non-binary US citizen loses attempt to have gender recognised in UK
8 June 2023
Independent- Why this Californian is suing the British government for refusing to legally recognise non-binary people
31 May 2023
Pink News - Non-binary American living in UK granted judicial review to have gender recognised: ‘An important step’
30 May 2023
Leigh Day: Nonbinary US citizen granted permission for judicial review of UK legal recognition policy
Trans Writes - Ryan Castellucci granted judicial review over UK non-binary recognition
25 April 2023
Pink News - UK can’t deny non-binary people forever, says US ex-pat fighting in court for legal recognition
13 April 2023
Pink News - Non-binary American living in UK launches bid to have gender recognised: ‘What is my gender here?’
1 April 2023
30 March 2023
iNews - Non-binary American living in UK stuck in legal limbo after gender recorded as ‘not specified’