American loses appeal to have their non-binary identity legally recognised in the UK

A non-binary US citizen living Britain has lost their bid to have their gender identity legally recognised by the UK – but they are planning to appeal the ruling.

Ryan Castellucci, originally from California and who moved to the UK Tier 1 Global talent visa in 2019, sought to obtain a Gender Recognition Certificate (GRC) under the 2004 Gender Recognition Act, as the act states people who moved to the UK from abroad can apply for a GRC if they have already changed their gender under the law of an approved country or territory.

Castellucci uses they/them pronouns and the title ‘Mx’ whilst their gender is legally reflected on their Californian birth certificate and driving license.

At the time of Castellucci’s application, California was on the government’s approved list but it was subsequently removed in December 2023.

Castellucci issued legal proceedings in May 2023 against the government’s Gender Recognition Panel (GRP) after it failed to issue them a non-binary GRC. They argued the panel breached its duty to provide them with documentation that matches their identity.

Currently, the UK does not legal recognise non-binary identities and is a “binary system” of ‘male’, ‘female’ or ‘non-specified’.

The high court previously ruled it was lawful for the panel not to issue Castellucci with a non-binary GRC, a decision now reflected by the Court of Appeal.

Handing down the decision on Tuesday (25 February) Lord Justice Singh dismissed the appeal, saying the case is “highly sensitive and potentially controversial” and was “better suited to resolution in Parliament than the courts”.

“The concept of ‘gender’ in the Gender Recognition Act (GRA), when referred to in the context of the domestic law route, is confined to two genders,” Lord Justice Singh said in the judgment.

Commenting on the outcome, Leigh Day solicitor Anna Dews – who is representing Castellucci – said they will now seek permission to appeal to the Supreme Court.

“Ryan’s only registered gender is non-binary. Despite Parliament legislating for the UK to recognise foreign-acquired genders, the Courts have so far ruled that non-binary foreign genders do not count,” Dews said.

“Ryan considers that there cannot be true gender equality without recognition of the fact that not all genders are binary. We will continue to support Ryan who is planning to appeal this ruling.”

Speaking to PinkNews back in 2023, Castellucci said the UK “cannot refuse to provide legal recognition for non-binary people forever” and “eventually they will relent. There is no question about that”.

They said: “Eventually, it becomes an international human rights issue where they start looking bad after everybody else is recognised. 

“There’s only so far that’s going to last, so this case to me is really about just accelerating the timeline.”