R (on the application of Castellucci) (Appellant) v Gender Recognition Panel and another (Respondents)

Case summary

Case ID

UKSC/2025/0056

Parties

Appellant(s)

Ryan Castellucci

Respondent(s)

(1) Gender Recognition Panel (2) Minister for Women and Equalities

Issue

Does the Gender Recognition Act 2004 (“GRA 2004”) allow a person to obtain a non-binary gender recognition certificate (“GRC”) where they have changed their gender to non-binary under the law of another territory (even though an application under the domestic route allows only for a male or female GRC)?

Facts

Section 1(1)(b) of the GRA 2004 allows a person to apply for a GRC on the basis of “having changed gender under the law of a country or territory outside the United Kingdom”. Section 1(2)(b) states that “the acquired gender” of such a person is “the gender to which the person has changed under the law of the country or territory concerned”. The Appellant, a US national now resident in the United Kingdom, changed their gender from “male” to “non-binary” under the law of California, following a diagnosis of gender dysphoria and significant medical interventions. In 2022, the Appellant applied for a GRC in the United Kingdom and provided the requisite evidence. At the time, California was an “approved territory” under the GRA 2004. Following some initial correspondence, the Gender Recognition Panel wrote to the Appellant on 25 October 2022 indicating that it could grant the Appellant a GRC despite domestic law not recognising a non-binary category, on the basis that the Appellant had fulfilled the statutory criteria. However, no GRC was ever issued. The Appellant issued proceedings under section 8 of the GRA 2004, judicial review and Part 8 of the Civil Procedure Rules. The proceedings were consolidated before the Divisional Court. The Divisional Court dismissed the Appellant’s claims. The Court of Appeal dismissed the Appellant’s appeal. The Appellant now appeals to the Supreme Court.

Date of issue

1 April 2025

Case origin

PTA

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