Gender-neutral passports are rejected by the UK’s top court

Gender-neutral passports are rejected by the UK’s top court

According to non-gendered activist Christie Elan-Cane, asking for gender on application forms violates human rights.

The campaigner submitted a case to the UK's highest court demanding ‘X' passports.

Elan-Cane, who uses the pronouns per/per/perself, has been fighting for non-gendered identification for over 25 years.
Elan-Cane contended that the application process asking individuals to disclose their gender is unconstitutional.

The Supreme Court, however, unanimously denied the appeal this morning.

Lord Reed ruled that the form asks for applicants' gender as a biographical feature that can be verified against birth, adoption, or gender recognition certificates and other official sources.

The gender recognised by law and recorded in those documents is relevant.'

Other reasons, such as ‘maintaining a cohesive approach across government', outweighed Elan-need Cane's for a ‘X' passport, the Supreme Court President concluded.

‘There is no statute in the UK that recognises a non-gendered category of humans.'

‘On the contrary, all legislation presume that all individuals can be classified as belonging to one of two sexes or genders.'

However, the government did not break the law, judges determined last year.

Elan-Cane "cannot cross a border or undertake an identity check without using a passport that misrepresents the appellant's gender identity," said lawyer Kate Gallafent.
According to her, the activist was obliged to ‘make a false declaration' to obtain a passport, which ‘strikes at the very heart of honesty and integrity'

‘The state has assisted in the applicant no longer having any sex-specific traits,' Ms Gallafent said.

A document verifying the applicant's identification is not issued.

‘The UK Government and legal system are on the wrong side of history – this is not the end — we are heading to Strasbourg,' Elan-Cane tweeted.

The European Court of Human Rights is based in Strasbourg, France.

However, the Ministry of Justice intends to reform the Human Rights Act, which incorporates the ECHR.

If approved, it would give ‘more scope' to interpret Strasbourg's judgements and legislation.