American loses UK appeal to become legally non-binary

An American who wanted to beryllium formally recognised arsenic non-binary successful the UK has been told by the Court of Appeal their sex individuality does not legally beryllium successful this country.

Ryan Castellucci antecedently mislaid a High Court situation to person their sex recorded arsenic non-binary connected a sex designation certificate - a papers which changes someone's ineligible enactment - aft moving to the UK successful 2019.

They had obtained ineligible designation arsenic non-binary successful California successful 2021, and were issued an American passport successful 2022 listing their enactment arsenic 'X'.

Dismissing the appeal, Lord Justice Singh said the contented was "potentially controversial" and was "better suited to solution successful Parliament than the courts".

At an earlier hearing, the tribunal heard however Castellucci, a cyber information adept from California, uses the rubric "Mx" and refers to themselves utilizing they/them pronouns.

While they person undergone country and hormone treatment, they told the tribunal they proceed to usage the sanction Ryan arsenic it is considered unisex successful the US.

Castellucci described the acquisition of trying to get ineligible documents listing them arsenic non-binary arsenic an "ordeal" and the tribunal heard they disquieted astir imaginable difficulties related to their sex individuality erstwhile applying for British citizenship.

They besides raised concerns astir however their sex individuality would beryllium reflected connected their decease certificate, erstwhile their US documents authorities they are non-binary.

Lord Justice Singh, sitting with Dame Victoria Sharp and Sir Andrew McFarlane, said that lone 11 countries worldwide, arsenic good arsenic immoderate US states including California, recognise non-binary sex successful law.

Non-binary is an umbrella word for those those who bash not place arsenic exclusively antheral oregon female.

In a judgment published connected Tuesday, Lord Justice Singh said: "The conception of 'gender' successful the Gender Recognition Act (GRA), erstwhile referred to successful the discourse of the home instrumentality route, is confined to 2 genders."

He added that, astatine an earlier entreaty successful 2023, the authorities said "no changes were presently needed and much probe and consultation would beryllium needed earlier immoderate changes were contemplated".

He continued: "There is nary wide consensus, either successful the Council of Europe oregon much mostly astir the world, successful favour of recognising non-binary status.

"Furthermore, this is an country of societal argumentation which is highly delicate and perchance controversial, thereby being amended suited to solution successful Parliament alternatively than successful the courts.

"This is not lone for reasons of antiauthoritarian legitimacy but besides for reasons of organization competence."

Anna Dews, subordinate solicitor astatine Leigh Day, the steadfast which represented Castellucci, said they were considering appealing the ruling.

She said: "Ryan's lone registered sex is non-binary. Despite Parliament legislating for the UK to recognise foreign-acquired genders, the courts person truthful acold ruled that non-binary overseas genders bash not count.

"Ryan considers that determination cannot beryllium existent sex equality without designation of the information that not each genders are binary."