READ MORE: Tech worker from California is suing the British Government
By Gina Kalsi
Published: 12:45 EST, 17 January 2024 | Updated: 12:48 EST, 17 January 2024
A non-binary American has lost a High Court challenge against the Government over the UK's gender recognition laws.
Ryan Castellucci, a cybersecurity expert, brought a challenge over the way their change of legal gender has been recognised by British authorities.
The US national, who is now resident in the UK, changed their legal gender and birth certificate to non-binary in the state of California in 2021.
While Gender Recognition Certificates (GRC) confirm one's switch from male to female or vice versa, there is no option to be recognised as 'non-binary' in the UK.
Last November, the High Court in London heard the UK recognises changes of legal gender that have taken place in several foreign countries and states - including California.
Ryan Castellucci, a cybersecurity expert, brought a challenge over the way their change of legal gender has been recognised by British authorities
Last November, the High Court in London heard the UK recognises changes of legal gender that have taken place in several foreign countries and states - including California
Judges were told that, when the American tried to update their UK residence permit to reflect their gender, they were told they could not be recorded as non-binary.
But, in a ruling today, Lady Justice Elisabeth Laing and Mrs Justice Heather Williams dismissed Mx Castellucci's legal bid.
They said: 'We have decided that whenever the Gender Recognition Act refers to 'gender' it refers to a binary concept - that is, to male, or to female gender.
'The gender recognition panel, accordingly, had and has no power to issue a gender recognition certificate to the claimant which says that they are 'non-binary'.'
Last April the American said in a witness statement to the Family Court: 'In the current state of affairs, I don't even know as a matter of law what my legal gender is in the UK.
'It is striking and profoundly upsetting that I do not know how my gender would be recorded on my death certificate.'
