A non-binary American living in the UK has been left in legal limbo after having their legal gender recorded as “not specified” NickMDuffy reports
A non-binary American living in the UK has been left in legal limbo after having their legal gender recorded as “not specified”.
The application triggered a back-and-forth with the Gender Recognition Panel, the independent tribunal that decides on applications for gender recognition. While the body insisted that the UK had “a binary system”, Castellucci argued there was no such restriction if someone’s gender identity was already recognised overseas.
But the lack of clarity has created issues when interacting with other bureaucratic systems that only recognise two legal genders – such as when applying for biometric residence permits, applying for a provisional driving licence, and even undergoing background checks for work. Law firm Leigh Day has filed a series of applications seeking clarity on the issue, including an application for a declaration that the GRC means Castellucci’s gender “is for all purposes non-binary”. A directions hearing will take place at the High Court on Friday.: “One of the grounds of the challenges is they’re proposing to issue a certificate which has an uncertain legal effect.
It also means you can get married or form a civil partnership in your affirmed gender or update your marriage or civil partnership certificate. Once you apply, the Gender Recognition Panel will assess your application to see whether it meets all the legal requirements.Scotland has created a new Bill to improve the process for people applying for legal gender recognition, arguing that the current system is lengthy and intrusive – though Scotland’s proposals do not include non-binary recognition.
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