High Court to hear judicial review claim from nonbinary US citizen over UK gender recognition law

[IwantToRetire]

A judicial review claim that argues the Government's failure to issue a nonbinary US citizen a Gender Recognition Certificate (GRC) breaches the European Convention on Human Rights (ECHR) is scheduled to be heard by the High Court on Wednesday (1 November).

Ryan Castellucci applied to be recognised as nonbinary through the Gender Recognition Act 2004 (GRA) in 2022 but is yet to have been issued a GRC.

The 2004 Act states that a person can apply for a GRC on the basis of having changed their gender under the law of an approved country or territory outside the UK.

Castellucci was born in California, which is on the approved list of territories, along with most US states.

They moved to the UK in 2019 and have sought to have their gender recognised through the 2004 Act, which does not include an explicit list of which genders can be accepted.

Castellucci believes that having a GRC which states their gender as nonbinary is the only way they can legally clarify their gender in this country.

However, the Minister for Women and Equalities argues that the GRA only permits applications for the grant of a GRC on a binary basis, namely male and female.

Castellucci argues that the Gender Recognition Panel (GRP) tasked with considering their application breached its statutory duty to issue a GRC in terms which record Castellucci's acquired gender as nonbinary.

More https://www.localgovernmentlawyer.co.uk/litigation-and-enforcement/400-litigation-news/55489-high-court-to-hear-judicial-review-claim-from-nonbinary-us-citizen-over-uk-gender-recognition-law

The photograph in the article shows very clearly that this person is actually quite binary

Just proving to me yet again the arrogance of some that their level of self importance on thinking that their wants about themselves is of importance to anyone else.

Oh dear.
What a shame.
Never mind.

Great news

I never understood why this case was taken in the first place. Surely lawyers knew what the result would be. Perhaps a new code of ethics required for our legal profession, especially in light of Post Office scandal.

Maybe Castellucci wanted to get themselves on the front page of Vogue or Time Magazine.

This fool may appeal, like Elan Cane.

How dare you! Do you not see the head tilt!? Bigot!!! 😁

Good news. But why TF should we taxpayers have to fund the defence and the court systems for idiots like this to raise spurious cases? Gah

I’m surprised standing isn’t an issue here. Can any foreign national come and challenge UK law via JR? Or does this chap have duel nationality or something?

How dare you! Do you not see the head tilt!? Bigot!!! 😁

Well, that's the problem. With that chin, and the head tilt, definitely a lady. He's clearly overshot non-binary.

This is what Liberty says
https://www.libertyhumanrights.org.uk/advice_information/how-to-stand-up-to-power/

With all the caveats about Liberty

Anyone know who was paying legal fees?

That man needs a life or at least a hobby. For most people coming from a prosperous country at peacetime is a good thing but for him if he’d been in a war zone he probably would be better off as he wouldn’t have time for this self destructive nonsense.

There are people on the WhatDoTheyKnow site who have been looking into the NHS Rainbow Badge scheme, and requesting the assessment reports. I have looked at some of the reports and it is clear that Stonewall law and Non-Binary status is being pushed on the NHS, despite, as this case confirms, non-binary having no basis in law. Here are a selection of comments.

“The Trust has a ban on discrimination, bullying and harassment based on both sexual orientation and gender reassignment in the Dignity at Work Policy. We recommend changing the phrasing from “gender reassignment” to “trans status” to reflect a commitment to include non-binary people.”

" If making reference to the protected characteristics, we advise listing them as they are mentioned in the Equality Act 2010, as well as going above and beyond this to also include a commitment to supporting non-binary people."

"Action: Within the dress code policy include explicit reference on dress code for non-binary employees and remove gendered elements of uniforms."

"The policy is a good starting point with an excellent terminology section taken from Stonewall’s glossary of terms."

I hope Trusts will be made aware of this case and resist this unlawful advice. Unfortunately they are so obsessed with obtaining their Rainbow approval points that I fear they won't.

I'm a bit time poor on letter writing and definitely don't have time to write to individual trusts whose reports I have seen which contain this unlawful advice, who should be the best to bring this to their attention? Amanda Pritchard plus Health Minister?

highame · Today 08:52

I never understood why this case was taken in the first place. Surely lawyers knew what the result would be.

It's money in the bank, isn't it?

A fool and they/them's money are soon parted.

Iirc this guy tried to Crowdfund his side but there was a shortfall in the amount raised. I hope he hasn't been left in the hole for thousands of pounds worth of costs. Oh no, that would be terrible 🙄

On that subject. As he lost and, imo, it was a waste of taxpayer's money to have to fight this, I hope he'll be ordered to pay the Government's costs.

And he's got beeyootiful hair.

Right <cracks knuckles>

Poor guy has fallen quite short on his crowdfunder. I think it's still open, although it's not been updated, if anyone is interested. Anyone?

He has been given leave to appeal.

Tribunal tweets were there

https://tribunaltweets.substack.com/p/judicial-review-ryan-castellucci

I wouldn't give him the steam off my shit.

I'm not 100% sure, it could be an old article, but it looks like he's planning to appeal

https://www.leighday.co.uk/news/news/2024-news/nonbinary-us-citizen-to-appeal-high-courts-ruling-over-gender-recognition-certificate/

Didn't the Elan-Cane appeal fail?
,
If so, what odds are we taking on the success of this person's case?

I wonder if it's the sunk cost fallacy? He's around £60k short on his Crowdfund, so I assume he's going to have to find the rest himself.

The lawyers must bf aware of gge Elan-Cane judgement.

What do they think they have up their sleeves? Or do they not care a# long as they get paid? (And possibly get "progressive" brownie points, depending on the circles they move in.)

A partner from Leigh Day (Annie Powell?) was very successful working with Jo Phoenix for her case so who knows?

https://www.leighday.co.uk/news/news/2024-news/prof-jo-phoenix-wins-gender-critical-discrimination-case-against-open-university/

I'm not 100% sure, it could be an old article, but it looks like he's planning to appeal

Given the date on the article it must be in response to the recent ruling.

And judging by this article Leigh Day were the legal representatives, so as much for their own reputation they will want to launch an appeal. https://www.leighday.co.uk/news/news/2023-news/nonbinary-us-citizen-granted-permission-for-judicial-review-of-uk-legal-recognition-policy/

They have a very high success rates on equality court cases, and (I think) often take on cases at minimal or low costs.

They do a lot of equal pay work and offer advice:
https://www.leighday.co.uk/our-services/employment-law-claims-and-disputes/equal-pay/
And this campaign https://www.leighday.co.uk/our-services/employment-law-claims-and-disputes/retail-equal-pay/