Britain Can’t Deny Non-Binary People Forever, Says A US Expat Fighting For Legal Recognition In Court
April 26, 2023The UK “cannot forever refuse to grant legal recognition to non-binary people,” says an American who is challenging the UK government in court over accurate documentation.
Ryan Castellucci moved to the UK from the US in 2019 and has made a life for himself here with his partner.
They are non-binary, which is reflected on their California birth certificate and driver’s license.
So far, however, they have not been able to have their gender legally recognised in the UK. While transnationals whose gender has been recognised abroad can apply for a UK Gender Recognition Certificate (GRC) provided their country is on an approved list, there is no ‘non-binary’, ‘X’ or ‘gender’. -neutral’ gender tagging option.
After trying in vain to navigate this minefield, Castellucci has embarked on a unique legal battle to seek legal gender recognition, one they are prepared to take to the Supreme Court, according to ‘UK Daily News’.
Image Credit: Pixabay
The American first applied for a GRC in April, and her application sparked back-and-forth with the Gender Recognition Panel (GRP). The panel, made up of legal and medical professionals, evaluates and approves GRC applications.
The panel approved the request, telling Castellucci they could choose to have “male,” “female,” or “unspecified” listed on their gender recognition certificate.
When asked about the legal ramifications of an “unspecified” sex marker, the panel couldn’t offer any clarity, Castellucci said in an interview.
They argue that there is no reason under UK law why they should not be eligible for a non-binary GRC as their identities are recognised in the US.
“After getting kind of annoyed that everyone kept saying ‘well you have to be legally binary in the UK’ and no one provided any quotes, I looked it up and there weren’t any,” they say.
“Then I read the Gender Recognition Act (GRA) and it recognizes arbitrary genders pretty clearly.”
Ryan Castellucci directed a Leigh Day legal team to challenge the panel’s response and seek clarity on what they have described as a “legally ambiguous” situation.
It is their hope that if they win, it will pave the way for non-binary people in the UK to have the opportunity to get a GRC that legally recognises their authentic selves.
They’re aware they may not win – gender-neutral campaigner Christie Elan-Cane has campaigned for decades to get a UK passport with an “X” gender marker. Elan-Cane’s case made it to the UK Supreme Court in 2021, where it was “unanimously dismissed,” with an appeal since then to the European Court of Human Rights in Strasbourg, France.
“I suppose the first thing is that I win – not necessarily this legal case, of course there are no guarantees,” says Castellucci.
“But the UK cannot forever refuse to grant legal recognition to non-binary people, eventually they will relent. There is no question about that.
“Eventually it becomes an international human rights issue where they start looking bad after everyone else has been acknowledged.
“There’s only so far that’s going to last, so in this case for me it’s really just about accelerating the schedule.”
Ultimately, they say they’d rather spend their time doing other things than “fighting the government.” They think it is a “waste of taxpayers’ money” if the government disagrees with them on this matter because “the only thing they can do is delay”.
Castellucci expects the case to go as far as the UK Supreme Court, but they didn’t want to “live with the regret” of not having fought for non-binary legal recognition.
As the legal battle rages on, they realise they are being vilified in the right-wing British press, which has become increasingly hostile to trans people.
Castellucci says the decision to waive her right to anonymity was because they tended to be open about their journey and humanise their legal battle.
“I’m not like that stereotype that people have of non-binary people,” they say. “I’m a pretty normal person.
“I have a regular job. I have a partner. We want to settle down and start a family. It’s pretty normal.
“And if I were anonymous in this case, it would be really easy for people to put up a straw, if you will, to attack.
“But they have to attack me instead.”
Castellucci, a cybersecurity expert, adds: “They will talk. They will say bad things about me. A lot of people searched my name on google and clicked and liked my website… I’m just a nerd with a successful tech career.
“I happen to be non-binary, and I am. And they can’t take that from me.”
Under Theresa May, the UK government considered extending gender recognition laws to non-binary people. But the plan was deemed too “legally complex” before eventually being abandoned altogether by her successor, Boris Johnson.
A spokesman for the Equality Hub said that the “gender reassignment process in UK law only allows for a change of sex from male to female or vice versa”.
“We have listened to those who responded to the GRA consultation and have taken steps to modernize the way individuals can apply for a gender recognition certificate as a result, including reducing the cost and moving the process to Internet,” added the spokesman.
“Given the ongoing legal proceedings in this case, we will not comment further on this individual case.”
Read related myGwork articles here:
Britain’s New Voter ID Law: What Trans And Non-Binary People Need To Know
Emma Corrin Was Shocked By “Hate” After Coming Out As Non-Binary: “It Was Quite A Reality Check”
Survey: Non-binary Experiences at Work
Non-Binary People “Are Being Erased” By UK’s Cruel Refusal To Issue Gender-Neutral Passports
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