A non-binary U.S. citizen living in the UK has lost their appeal to have their gender identity legally recognized under UK law, but they are determined to continue their legal battle.
Ryan Castellucci, originally from California and residing in the UK since 2019 on a Tier 1 Global Talent visa, sought to obtain a Gender Recognition Certificate (GRC) under the UK’s 2004 Gender Recognition Act. The Act allows individuals who have legally changed their gender in an approved country or territory to apply for a GRC in the UK. Castellucci, who uses they/them pronouns and the title “Mx,” had already legally changed their gender on their Californian birth certificate and driver’s license.
At the time of Castellucci’s application, California was on the UK government’s approved list of jurisdictions, but that changed in December 2023 when California was removed from the list. Castellucci then filed legal proceedings in May 2023 against the UK government’s Gender Recognition Panel (GRP), arguing that the panel had failed to issue them a non-binary GRC, thereby breaching its duty to provide documentation that reflects their gender identity.
Currently, the UK’s legal system recognizes only male and female genders, with non-binary identities not officially acknowledged. The country operates under a “binary system” for gender recognition, which restricts the options available to those who do not identify strictly as male or female.
In a previous ruling, the High Court upheld the government’s position, stating that it was lawful for the panel not to issue Castellucci a non-binary GRC. This decision was reaffirmed on February 25, 2025, when the Court of Appeal handed down its judgment, dismissing Castellucci’s appeal.
Lord Justice Singh, who delivered the judgment, described the case as “highly sensitive and potentially controversial” and suggested it was more appropriate for Parliament, not the courts, to address the issue. He reiterated that the concept of gender under the Gender Recognition Act is “confined to two genders,” noting that current UK law does not recognize non-binary identities.
“The concept of ‘gender’ in the Gender Recognition Act, when referred to in the context of the domestic law route, is confined to two genders,” Lord Justice Singh stated in the judgment.
Despite the Court of Appeal’s ruling, Castellucci’s legal team has vowed to continue fighting for the recognition of non-binary gender identities in the UK. Anna Dews, a solicitor with the law firm Leigh Day, is representing Castellucci in the case. Dews confirmed that they plan to seek permission to appeal to the UK’s Supreme Court.
“Ryan’s only registered gender is non-binary. Despite Parliament legislating for the UK to recognize foreign-acquired genders, the courts have so far ruled that non-binary foreign genders do not count,” Dews said in a statement following the ruling. “Ryan considers that there cannot be true gender equality without recognition of the fact that not all genders are binary. We will continue to support Ryan, who is planning to appeal this ruling.”
In a statement to PinkNews in 2023, Castellucci expressed their belief that the UK cannot continue to refuse legal recognition to non-binary people. “Eventually, it becomes an international human rights issue where they start looking bad after everybody else is recognized,” Castellucci said. “There’s only so far that’s going to last, so this case to me is really about just accelerating the timeline.”
Castellucci’s case highlights a broader issue of non-binary recognition in legal systems, both in the UK and internationally. Non-binary people—those who do not identify strictly as male or female—face significant legal and societal challenges, particularly in countries where gender is defined within a binary framework. While some countries and regions, including parts of the U.S. and Canada, have made strides in recognizing non-binary gender identities, others, like the UK, continue to grapple with the issue.
The case also draws attention to the UK’s Gender Recognition Act, which was established in 2004 to provide a legal process for individuals to change their gender. However, the Act only allows for the recognition of male and female genders, leaving non-binary people without a clear path to legal recognition. As more countries and jurisdictions worldwide begin to recognize non-binary genders, advocates like Castellucci argue that the UK’s legal system needs to evolve to reflect the diversity of gender identities.
This ruling comes at a time when legal battles surrounding gender identity recognition are intensifying worldwide. As societal attitudes towards gender become more inclusive and diverse, the issue of non-binary recognition is expected to remain a central topic in legal and political debates.
Ryan Castellucci’s determination to appeal the ruling signals that the fight for non-binary legal recognition in the UK is far from over. As their case progresses, it is likely to continue influencing discussions around gender identity rights, equality, and the evolving understanding of gender in both legal and societal contexts.
While the outcome of Castellucci’s legal efforts remains uncertain, their commitment to challenging the status quo is clear. As they pursue further legal action, Castellucci’s case could play a pivotal role in shaping the future of gender recognition in the UK and potentially beyond.
