Castellucci, R (On the Application Of) v Gender Recognition Panel [2024] EWHC 54 (Admin) (17 January 2024)

Castellucci, R (On the Application Of) v Gender Recognition Panel [2024] EWHC 54 (Admin) (17 January 2024)

The Gender Recognition Act 2004 only permits recognition of binary genders (male or female). The Gender Recognition Panel has no power to issue a GRC recognising a non-binary gender, even if acquired overseas. The exclusion of non-binary gender is justified and proportionate given the binary structure of UK law and the significant legal, administrative, and policy consequences of recognising non-binary gender. It is not possible to interpret the GRA compatibly with Article 14 ECHR to require recognition of non-binary gender. There is no breach of Article 14 ECHR, and therefore no basis for a declaration of incompatibility under section 4 HRA.

Citation
[2024] EWHC 54 (Admin)
Parties
Claimant/appellant: Ryan Castellucci; Defendant/respondent: Gender Recognition Panel; Interested Party/respondent/defendant: Minister for Women and Equalities
Jurisdiction
England and Wales
Judgment Date
17 January 2024
Procedural Posture
Judicial Review, Statutory Appeal, Part 8 Claim (all Heard Together) / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Gender Recognition, Non Binary Gender Recognition, Interpretation of Gender Recognition Act 2004, Article 14 ECHR (discrimination), Article 8 ECHR (private Life), Section 3 and 4 Human Rights Act 1998, Statutory Interpretation
Administrative Law Human Rights Law Family Law Equality Law Gender Recognition Non Binary Gender Recognition Interpretation of Gender Recognition Act 2004 Article 14 ECHR (discrimination) +3 more

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Parties

Ryan Castellucci

Claimant/appellant

Gender Recognition Panel

Defendant/respondent

Minister for Women and Equalities

Interested Party/respondent/defendant

Procedural Posture

Judicial Review, Statutory Appeal, Part 8 Claim (all Heard Together) / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Does the Gender Recognition Act 2004 permit recognition of a non-binary gender acquired overseas?
  2. 2 Is the exclusion of non-binary gender from UK legal recognition under the GRA discriminatory under Article 14 ECHR?
  3. 3 Is it possible or required to interpret the GRA compatibly with Article 14 ECHR to recognise non-binary gender?

Ratio Decidendi

The Gender Recognition Act 2004 only permits recognition of binary genders (male or female). The Gender Recognition Panel has no power to issue a GRC recognising a non-binary gender, even if acquired overseas. The exclusion of non-binary gender is justified and proportionate given the binary structure of UK law and the significant legal, administrative, and policy consequences of recognising non-binary gender. It is not possible to interpret the GRA compatibly with Article 14 ECHR to require recognition of non-binary gender. There is no breach of Article 14 ECHR, and therefore no basis for a declaration of incompatibility under section 4 HRA.

Court Disposition

Claim dismissed

Orders

  • Permission to proceed on Ground 1 (statutory interpretation) refused; claim dismissed on all grounds.
  • No order for a declaration of incompatibility under section 4 HRA.