US citizen to appeal after Court of Appeal rules that UK legislation does not allow nonbinary recognition.

Ryan, who was born in California, is legally recognised as nonbinary in the US. All their US documents recognise their gender, including their Californian birth certificate and passport. 

After moving to the UK on a Tier 1 Global talent visa in 2019, Ryan applied for a GRC to have their gender recognised in the UK. They were not issued with a certificate, despite the 2004 Gender Recognition Act (GRA) stating that a person can apply for the certificate where they have formally changed their gender under the law of an approved country or territory outside of the UK. California was on the approved list when Ryan submitted their application.  

In 2023, the High Court ruled that it was lawful for the UK Gender Recognition Panel (GRP) not to issue Ryan with a nonbinary GRC.  

Ryan obtained permission to appeal the Divisional Court judgment and the appeal was heard in January 2025. However, in a judgment handed down today 25 February, the Court of Appeal dismissed the appeal, supporting the Divisional Court's interpretation of the GRA and Article 14 of the European Convention on Human Rights. Ryan will now seek permission to appeal to the Supreme Court.  

Ryan is represented by senior associate solicitor, Kate Egerton and Anna Dews, associate solicitor from Leigh Day. 

Anna Dews said:

“Ryan’s only registered gender is nonbinary. Despite Parliament legislating for the UK to recognise foreign-acquired genders, the Courts have so far ruled that nonbinary foreign genders do not count. Ryan considers that there cannot be true gender equality without recognition of the fact that not all genders are binary. We will continue to support Ryan who is planning to appeal this ruling.”

Chris Buttler KC from Matrix and Marlena Valles from Blackstone were counsel for the client.