Ryan Castellucci, R (on the application of) v Gender Recognition Panel

Ryan Castellucci, R (on the application of) v Gender Recognition Panel

The Gender Recognition Act 2004 refers only to binary gender (male or female) throughout its provisions. The GRP has no power to issue a GRC recognising a non-binary gender, even if that status is recognised under foreign law. Any difference in treatment is justified by the need for legislative and administrative coherence, the binary structure of UK law, and the absence of international consensus. There is no breach of Article 14 ECHR.

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
11 October 2024
Procedural Posture
Judicial Review and Statutory Appeal / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Gender Recognition, Discrimination, Interpretation of Statutes, European Convention on Human Rights, Judicial Review
Administrative Law Human Rights Law Family Law Gender Recognition Discrimination Interpretation of Statutes European Convention on Human Rights Judicial Review

Case Brief

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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 and Statutory Appeal / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Gender Recognition Act 2004 permits recognition of a non-binary gender acquired under foreign law
  2. 2 Whether refusal to recognise non-binary gender under the GRA is discriminatory under Article 14 ECHR

Ratio Decidendi

The Gender Recognition Act 2004 refers only to binary gender (male or female) throughout its provisions. The GRP has no power to issue a GRC recognising a non-binary gender, even if that status is recognised under foreign law. Any difference in treatment is justified by the need for legislative and administrative coherence, the binary structure of UK law, and the absence of international consensus. There is no breach of Article 14 ECHR.

Court Disposition

Claim dismissed

Orders

  • Permission to apply for judicial review on Ground 1 granted but claim dismissed
  • Permission to appeal granted but appeal dismissed