Nonbinary citizen challenges UK gender recognition

Ryan Castellucci, a U.S. nonbinary citizen, is preparing to file an application to the European Court of Human Rights (ECtHR) to seek legal recognition of their non-binary identity. Having moved to London in 2019 on a Tier 1 Global Talent visa, Ryan already possesses legal recognition of their non-binary gender on their official U.S. documents. The journey toward achieving gender recognition in the UK began in 2022 when Ryan applied for a Gender Recognition Certificate (GRC) under the Gender Recognition Act 2004 (GRA). The GRA allows individuals who have changed their gender in an approved country to apply for a GRC.

Ryan’s application was assessed by the Gender Recognition Panel, which determined that they met the criteria required. However, the panel ultimately refused to issue the GRC, citing Ryan's non-binary gender as the reason for the denial. This decision prompted Ryan to pursue a judicial review and subsequently challenge the ruling in the Court of Appeal in January this year. In April, they sought permission to appeal to the Supreme Court, but this request was rejected in July because it did not raise an arguable point of law.

With their options in the UK courts exhausted, Ryan and their legal team are now turning to the ECtHR, invoking their right to gender recognition under Article 8 of the European Convention on Human Rights, which ensures respect for private and family life. This article has been previously applied to cases involving legal recognition of gender for other applicants, suggesting that Ryan’s case may find resonance in European legal precedents.

Should the ECtHR rule in Ryan's favour, the Court would subsequently report to the Committee of Ministers of the Council of Europe to ensure the implementation of its judgement. This could potentially lead to Ryan receiving the legal gender recognition they have sought through a GRC in the UK. The legal team believes that a successful outcome could create a significant precedent across Europe for non-binary individuals seeking similar recognition.

Ryan stated, “In light of the recent For Women Scotland ruling in the UK, I was not surprised that the Supreme Court refused my application for permission to appeal but the decision allows me and my legal team to now take my case to the ECtHR.” Their legal representatives, including senior associate solicitor Kate Egerton and Anna Dews, associate solicitor from Leigh Day, are optimistic about the potential impact of this case. “Ryan has been pursuing legal recognition of their gender for three years. If successful, this would be a significant step forward and could set a valuable precedent for nonbinary people looking to secure legal recognition of their gender. We look forward to taking their case forwards with an application to the ECtHR,” Anna Dews remarked.