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

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

The Gender Recognition Act 2004 only permits recognition of binary genders (male or female), including for foreign-acquired gender status; the Act’s language, context, and legislative history confirm this. There is no incompatibility with Article 14 ECHR because the UK is not required to recognise non-binary status, and the differential treatment is objectively justified by the need for legal and administrative coherence and the absence of international consensus.

Parties
Applicant: Ryan Castellucci; Respondent: Gender Recognition Panel; 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 to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Gender Recognition, Statutory Interpretation, Equality and Non Discrimination, European Convention on Human Rights, Remedies for Incompatibility
Public Law Human Rights Administrative Law Gender Recognition Statutory Interpretation Equality and Non Discrimination European Convention on Human Rights Remedies for Incompatibility

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Parties

Ryan Castellucci

Applicant

Gender Recognition Panel

Respondent

Minister for Women and Equalities

Respondent

Procedural Posture

Judicial Review and Statutory Appeal / Appeal From High 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 the law of a foreign state recognised under section 2(4) of the GRA
  2. 2 Whether the interpretation of the GRA is incompatible with Article 14 ECHR, read with Article 8
  3. 3 If incompatible, whether a compatible interpretation is possible under section 3(1) HRA or a declaration of incompatibility should be granted

Ratio Decidendi

The Gender Recognition Act 2004 only permits recognition of binary genders (male or female), including for foreign-acquired gender status; the Act’s language, context, and legislative history confirm this. There is no incompatibility with Article 14 ECHR because the UK is not required to recognise non-binary status, and the differential treatment is objectively justified by the need for legal and administrative coherence and the absence of international consensus.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; no order for a Gender Recognition Certificate recording non-binary status; no declaration of incompatibility granted.