Castellucci (claimant/appellant) v Gender Recognition Panel (defendant/respondent)
Tuesday 21 January 2025
By Appellant’s Notice filed on the 4 March 2024, this is an appeal against the order of the Administrative Court dated 17 January 2024.
The Appellant sought to challenge the decision of the Respondent not to issue a gender recognition certificate (GRC) which states their gender as ‘non-binary’.
The judicial review claim was dismissed by the Divisional Court which found that references in the Gender Recognition Act to ‘gender’ were to a binary concept (the male or female gender), so that the GRP had no power to issue a GRC in the terms sought. The Court also rejected the contention that the GRP’s decision involved unjustifiable discrimination in comparison with a person whose acquired gender was male or female, contrary to Article 14 ECHR and section 6(1) of the HRA.
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