Non-binary American Ryan Castellucci to take UK to court over gender recognition
– 2 min read
Ryan Castellucci, a non-binary person originally from California and now residing in London, has launched a landmark legal battle against the UK government over its refusal to legally recognise non-binary gender identities. The case, which has progressed through multiple levels of the British judiciary, is now poised to be heard by the European Court of Human Rights (ECHR).
Castellucci, who moved to the UK in 2019, was legally recognised as non-binary in California in 2021. Their birth certificate and passport both reflect this status, with the latter bearing an “X” gender marker. In 2022, they applied for a Gender Recognition Certificate (GRC) in the UK under the overseas route of the Gender Recognition Act 2004 (GRA), which allows individuals recognised in approved foreign jurisdictions to obtain a UK GRC.
Gender Recognition for Non-Binary People in the UK
I’m a non-binary cybersecurity expert from California. I want a Gender Recognition Certificate to match my birth certificate, but the UK has refused to issue one. I’m taking them to court for it.
Despite meeting all statutory criteria and receiving initial confirmation from the Gender Recognition Panel (GRP) that their application could be granted, Castellucci was ultimately denied a certificate listing their gender as non-binary. Instead, the GRP offered options limited to “male”, “female”, or “not specified” - none of which accurately reflected Castellucci’s identity. When asked for clarification on the meaning of “not specified”, the panel admitted it could not provide a definitive answer.
Gender Recognition for Non-Binary People in the UK
I’m a non-binary cybersecurity expert from California. I want a Gender Recognition Certificate to match my birth certificate, but the UK has refused to issue one. I’m taking them to court for it.
Castellucci challenged the decision in the High Court, arguing that the GRA should be interpreted to include non-binary identities, especially when recognised by an approved territory. They also claimed that the refusal violated Article 14 of the European Convention on Human Rights, which prohibits discrimination. However, the court ruled that the GRA refers exclusively to binary gender categories and that any differential treatment was justified under current UK law.
Following the Supreme Court’s refusal to hear an appeal, Castellucci’s legal team - led by Leigh Day and supported by barristers from Matrix and Blackstone Chambers - announced plans to escalate the case to the ECHR. They argue that the UK’s stance infringes on Castellucci’s right to respect for private and family life under Article 8 of the Convention.
Castellucci has also launched a public crowdfunding campaign to support the legal costs, stating: “Data processed by computers is binary, but gender is not.”
