American vows to ‘keep fighting’ to be first non-binary person legally recognised in the UK

A non-binary American living in London has vowed to appeal after a UK court said their gender identity cannot be legally recognised.

Non-binary, also called ‘enby’ or NB, describes a gender identity that is neither male nor female.

Ryan Castellucci, from California, has been in a back and forth with the government to be legally recognised as non-binary since 2019.

This would be achieved by obtaining a gender recognition certificate, or GRC, a document that means a trans person’s true identity is reflected in their birth, marriage and death certificates.

The cyber security expert in their 30s is legally recorded as non-binary on their Californian birth certificate, passport and driving licence.

However, Ryan was refused such recognition in the UK as the country’s system only has options: ‘male’ or ‘female’. ‘Non-binary’ is not one of them, something Ryan hoped to change by taking the government to court.

But on Tuesday, the Court of Appeal upheld a 2023 High Court ruling that dismissed Ryan’s case, saying the ‘highly sensitive and potentially controversial’ issue should be decided by Parliament.

Lord Justice Singh said: ‘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.’

‘There is no general consensus, either in the Council of Europe or more generally around the world, in favour of recognising non-binary status,’ he added.

Ryan, who has undergone gender-affirming surgery and hormone therapy, told Metro that not appealing is out of the question.

‘Arguing about my gender is tiresome, and I want to put the matter to rest with a legal status that matches my birth certificate,’ they said.

‘The UK is my home now. I plan to live the rest of my life here, and eventually die here. Being denied the dignity of knowing my death certificate will be correct makes my stomach turn.’

17 countries legally recognise non-binary or third gender identities, according to EqualDex, which monitors LGBTQ+ rights.

The British government has long said that introducing a third gender option would be ‘complex’. At least 30,000 people identify as non-binary in England and Wales, according to 2023 census data.

Anna Thompson, the deputy director of the Equality Hub in the Cabinet Office, told the initial hearing: ‘Any introduction of legal recognition of a non-binary/third gender would raise difficult moral questions that would need to be dealt with by Parliament.’

Feeling that Parliament ‘simply can’t be bothered’ to legally recognise non-binary people, Ryan felt they had no other choice but to go to court.

‘I was vaguely aware that the UK’s gender recognition laws are outdated, but I’m bewildered by the resistance to recognising non-binary people,’ they said.

‘A quarter of the world’s population lives somewhere that legally recognises more than two genders. Considering that, you’d think the government would be able to find at least one example where it’s caused serious problems.

‘Instead, I can’t even find any instances where the cost was worth mentioning.’

People who have already changed their legal gender in countries on an approved list can apply for a GRC in the UK. California was on the list when Ryabn applied for a certificate.

The Gender Recognition Panel, part of HM Courts & Tribunals Service, must approve GRC applications.

Ryan applied for a non-binary GRC in 2022, but the panel declined to do so as the UK operates on a ‘binary’ gender system.

Their only other option would be to have their gender listed as ‘non-specified’, meaning ‘unable to be classified as either male or female’. Ryan’s legal team said this option ‘has no legal meaning’.

Having moved to the UK under a tier-one global talent visa with their partner, Ryan argued that the panel refusing them a non-binary GRC breached its duty to provide documentation that matches their identity.

‘As long as the government insists that everyone is either female or male, many organisations don’t care to handle anything else,’ Ryan said.

‘This, of course, won’t immediately be resolved by a non-binary GRC but over time things will improve.’

Ryan has been paying court fees out of pocket or fundraising on GoFundMe and CrowdJustice. Their lawyers, from the firm Leigh Day, say they will ‘continue to support’ their client.

‘Whether or not to appeal is not under consideration – I made that decision before the original claim was even filed,’ Ryan said.

‘My intent, and promise to all of the wonderful people who have contributed to my costs, has always been to see this through.’

The Government Equalities Office has been approached for comment.

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