Castellucci, R (On the Application Of) v Gender Recognition Panel & Anor [2025] EWCA Civ 167 (25 February 2025)

Castellucci, R (On the Application Of) v Gender Recognition Panel & Anor [2025] EWCA Civ 167 (25 February 2025)

The Gender Recognition Act 2004 does not require or permit the issue of a Gender Recognition Certificate recording a non-binary gender, even where that status has been acquired under the law of an approved foreign country or territory. The Act is binary in its conception of gender, as shown by its language and structure, and Parliament has not legislated for recognition of non-binary status. The refusal to recognise a foreign-acquired non-binary gender does not amount to unjustified discrimination under Article 14 ECHR, as the difference in treatment is objectively justified by the binary structure of UK law and the absence of international consensus. Any change to recognise non-binary...

Citation
[2025] EWCA Civ 167
Parties
Appellant: Ryan Castellucci; 1st Respondent: Gender Recognition Panel; 2nd Respondent: Minister for Women and Equalities
Jurisdiction
England and Wales
Judgment Date
25 February 2025
Procedural Posture
Judicial Review and Statutory Appeal / Appeal From High Court (divisional Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Gender Recognition, Non Binary Gender Status, Interpretation of Statutes, Article 14 ECHR, Article 8 ECHR, Discrimination, International Comity
Administrative Law Human Rights Law Equality Law Gender Recognition Non Binary Gender Status Interpretation of Statutes Article 14 ECHR Article 8 ECHR +2 more

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Parties

Ryan Castellucci

Appellant

Gender Recognition Panel

1st Respondent

Minister for Women and Equalities

2nd Respondent

Procedural Posture

Judicial Review and Statutory Appeal / Appeal From High Court (divisional Court) to Court of Appeal

Legal Issues

  1. 1 Whether the Gender Recognition Act 2004 requires the issue of a Gender Recognition Certificate recording an applicant's gender as non-binary where that designation has been acquired under foreign law
  2. 2 Whether the interpretation of the GRA is incompatible with Article 14 ECHR (read with Article 8)
  3. 3 Whether the GRA can be interpreted compatibly with the ECHR or if a declaration of incompatibility should be made

Ratio Decidendi

The Gender Recognition Act 2004 does not require or permit the issue of a Gender Recognition Certificate recording a non-binary gender, even where that status has been acquired under the law of an approved foreign country or territory. The Act is binary in its conception of gender, as shown by its language and structure, and Parliament has not legislated for recognition of non-binary status. The refusal to recognise a foreign-acquired non-binary gender does not amount to unjustified discrimination under Article 14 ECHR, as the difference in treatment is objectively justified by the binary structure of UK law and the absence of international consensus. Any change to recognise non-binary...

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • No Gender Recognition Certificate recording non-binary gender to be issued.