R (Castellucci) v Gender Recognition Panel
[2025] EWCA Civ 167
04 Mar 2025
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The Gender Recognition Act 2024 makes provision for individuals in the UK to change gender from male to female or female to male. It also provides for the UK to recognise a gender acquired under the law of an country or territory provided that the country or territory in which they changed gender is on the list of Approved Countries or Territories.
A number of foreign states and territories recognise genders other than male and female (including non-binary, intersex, or diverse).
The Appellant acquired non-binary gender under the law of the State of California, which was at the time on the list of Approved Countries or Territories. The Claimant applied for recognition of their acquired non-binary gender in the UK, which the Gender Recognition Panel declined to provide.
On 25 February 2025, the Court of Appeal ruled that the Gender Recognition Act 2004 does not allow for the recognition of foreign acquired genders other than male or female because, notwithstanding the wording of the foreign-recognition provision, the Gender Recognition Act is based on binary notions of gender.
Marlena Valles acted for the Appellant (with Chris Buttler KC).
Sir James Eadie KC acted for the Minister for Women and Equalities (with Sasha Blackmore).
The judgment is available here.
