Non-binary American in UK takes gender recognition fight to Europe’s top court

A non-binary person is set to take the UK government to the European Court of Human Rights (ECHR).

California-born Ryan Castellucci, who now lives in London, said they were planning the legal action over the government’s refusal to recognise their gender identity.

Castellucci claimed they were denied acknowledgement of their identity in 2022 after applying to have a non-binary gender marker on their official documents. They gained recognition of their gender in the US, which recognises gender-neutral “X” markers – something the UK does not.

After moving to London in 2019 under a Tier One Global Talent visa, Castellucci applied to have their gender recognised under the Gender Recognition Act (GRA), which allows trans people to have their identity recognised through a gender recognition certificate (GRC).

The Gender Recognition Panel, responsible for assessing GRC applications, refused to allow Castellucci to use “X” gender markers on official documents, despite acknowledging that they had met the criteria for a GRC.

Castellucci lost a legal challenge against the decision in February when a High Court determined that the “potentially controversial” issue was “better suited to resolution in parliament than the courts”.

Their legal team have vowed to file a challenge at the ECHR under Article Eight of the European Convention of Human Rights, which the UK is legally obliged to follow, claiming that a refusal to acknowledge Castellucci’s identity was a violation of their right to respect for private and family life.

Associate solicitor Anna Dews said that the legal challenge could be a “significant step forward” for non-binary recognition in the UK and Europe.

“Ryan has been pursuing legal recognition of their gender for three years,” Dews continued. “If successful… [this] could set a valuable precedent for non-binary people looking to secure legal recognition of their gender.”

Castellucci said they were “unsurprised” by the UK’s refusal to acknowledge their identity, especially in the wake of the Supreme Court ruling that deemed the 2010 Equality Act’s definition of sex referred to “biological sex”.

However, Castellucci remained determined to fight the case, despite the Supreme Court’s refusal to hear an appeal of the lower court’s decision.

The UK government has been urged to recognise non-binary people on legal documents, with many saying its refusal has left them feeling “invisible and ignored”.

Share your thoughts! Let us know in the comments below, and remember to keep the conversation respectful.