UK appeals court rejects gender neutral passports

UK appeals court rejects gender neutral passports

The UK Court of Appeal affirmed a lower court decision Tuesday rejecting gender neutral markers on passports.

Christie Elan-Cane argued for a policy to allow gender neutrality on passports in 2018. Elan-Cane wanted passports to have an “X” category for people who do not identify fully with either male or female. Elan-Cane argued the current binary gender disclosure policy violates Section 22 of the Gender Recognition Act 2004, which protects transgender rights under Article 8 of the European Convention on Human Rights. The Convention criminalizes any official disclosure relating to a person’s gender history, without the individual’s express consent.

Elan-Cane claimed the policy was an unlawful breach of human rights, but in her judgement, Lady Justice King disagreed. King argued that the case concerned Elan-Cane’s private life, not the public. Though she noted, “the driver for change is the broad notion of respect for gender identity,” she, as well as a few other justices, stated that international public policy will ultimately drive change.

Currently, a few countries offer non-binary gender identity choices on their passports, including Australia, Austria, Canada, Denmark, Germany, Iceland, Nepal, Pakistan and Uruguay. The UK recognizes these gender neutral passports as valid.

The post UK appeals court rejects gender neutral passports appeared first on JURIST – News – Legal News & Commentary.

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