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# Non-binary American Ryan Castellucci to take UK to court over gender recognition
- URL: https://www.scenemag.co.uk/non-binary-american-ryan-castellucci-to-take-uk-to-court-over-gender-recognition/
- Published: 2025-08-07T16:36:40.000Z
- Updated: 2025-08-07T16:36:40.000Z
- Author: Graham Robson
- Tags: UK

**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 UKI’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.![](https://www.scenemag.co.uk/content/images/icon/safari-pinned-tab.ba08394cb32f-1.svg)CrowdJustice![](https://www.scenemag.co.uk/content/images/thumbnail/ryan_couch_selfie_crop-1.jpg)](https://www.crowdjustice.com/case/non-binary-recognition/?ref=scenemag.co.uk)

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 UKI’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.![](https://www.scenemag.co.uk/content/images/icon/safari-pinned-tab.ba08394cb32f.svg)CrowdJustice![](https://www.scenemag.co.uk/content/images/thumbnail/ryan_couch_selfie_crop.jpg)](https://www.crowdjustice.com/case/non-binary-recognition/?ref=scenemag.co.uk)

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 ](https://www.crowdjustice.com/case/non-binary-recognition/?ref=scenemag.co.uk)to support the legal costs, stating: “Data processed by computers is binary, but gender is not.”