Aug 5
Non-Binary American Ryan Castellucci Takes UK Gender Recognition Battle to European Human Rights Court
READ TIME: 3 MIN.
The question of legal recognition for non-binary individuals has been a subject of ongoing debate in the United Kingdom. Currently, UK law does not allow individuals to have a gender marker other than “male” or “female” on official documents, including birth certificates and passports. This lack of recognition has prompted legal challenges from gender-diverse people seeking equal treatment under the law .
Ryan Castellucci, an American citizen who has lived in the UK since 2019, has become a prominent figure in this legal fight. Identifying as non-binary, Castellucci has repeatedly attempted to have their gender legally recognised—a request consistently denied by UK authorities. Their case has now reached a critical juncture as it is set to be heard by the European Court of Human Rights (ECHR), the highest human rights court in Europe .
Castellucci’s legal journey began in 2022 when they sought recognition of their non-binary gender on official UK documents. After initial applications were rejected, Castellucci took their case to the UK High Court, arguing that the failure to recognise non-binary identities violates their rights under the European Convention on Human Rights, particularly the right to respect for private and family life (Article 8) and the prohibition of discrimination (Article 14) .
However, the High Court ruled against Castellucci in 2023, citing existing UK legislation that only recognises binary genders. The ruling stated that while the gender recognition framework may be “outdated,” it is a matter for Parliament to decide, not the courts . Further appeals to the Court of Appeal and Supreme Court were similarly unsuccessful, with judges reiterating their view that changes to gender markers require legislative, not judicial, action .
Frustrated by the lack of progress, Castellucci escalated their case to the ECHR in Strasbourg, arguing that the UK’s refusal to recognise non-binary identities is discriminatory and infringes on their fundamental rights .
Legal recognition of non-binary identities varies widely across Europe. Countries such as Germany, Iceland, and Malta have introduced non-binary or third-gender options on official documents, while others, including the UK, remain limited to binary categories . The outcome of Castellucci’s case could have far-reaching implications not only for the UK but also for the broader European legal landscape.
If the ECHR rules in favor of Castellucci, it could compel the UK—and potentially other Council of Europe member states—to revisit their gender recognition laws. Such a ruling would represent a major milestone for non-binary and gender-diverse people, potentially paving the way for more inclusive policies and legal frameworks .
In a statement provided to PinkNews, Castellucci expressed hope that their legal battle would “help create a world where everyone’s identity is respected and protected under the law” .
Advocates and LGBTQ+ organisations have voiced strong support for Castellucci’s case, highlighting the importance of legal gender recognition for non-binary people’s dignity, safety, and access to services. Jayne Ozanne, director of the Ozanne Foundation, noted that “legal recognition is not just symbolic—it directly impacts people’s lives, from healthcare to employment to travel” .
Many campaigners argue that the UK lags behind other nations on this issue, pointing to recommendations from the United Nations and Council of Europe calling for the recognition of gender diversity in official documents . A recent report by Stonewall, a leading LGBTQ+ rights organisation, found that nearly half of non-binary people in the UK have faced difficulties or discrimination due to lack of legal recognition .
The ECHR is expected to consider written submissions in the coming months, with a decision likely to follow later in the year. Legal experts note that while ECHR rulings are binding, enforcement depends on political will within member countries .
For now, Ryan Castellucci’s case stands as a powerful reminder of the ongoing struggle for equality and recognition for non-binary people, both in the UK and across Europe. The outcome will be closely watched by LGBTQ+ communities, human rights advocates, and policymakers alike.
