Gender-neutral passport bid denied in High Court
Campaigner claimed having only male/female choice is ‘discriminatory’
A campaigner has lost a High Court action against the UK government’s policy on gender-neutral passports.
Christie Elan-cane had claimed the UK’S passport application process, which requires individuals to indicate whether they are male or female, is inherently discriminatory.
But a judge, who heard arguments in the case in London in April, dismissed the judicial review action yesterday.
Mr Justice Jeremy Baker said although he was not at present satisfied the policy of Her Majesty’s Passport Office (HMPO) was unlawful, part of the reasoning for that decision was that a comprehensive review had not been completed.
Elan-cane, who has fought for more than 25 years to achieve legal and social recognition for non-gendered identity, sees the issue of “X”, for “unspecified”, passports as a key focal point of the nongendered campaign.
Their lawyers had challenged the lawfulness of the policy administered by HMPO, which is part of the Home Office, arguing that it breached human rights laws.
Thejudgewasaskedtoquash the policy and order that it be “reconsidered according to the law”.
Kate Gallafent QC, for Elancane, said the policy breached the right to respect for private life and the right not to be discriminated against on the basis of gender or sex under the European Convention on Human Rights (ECHR).
Ms Gallafent said: “For the claimant, obtaining and using a passport currently involves making a false declaration as to the nature of the claimant’s gender identity, which causes the claimant considerable distress.
“The lack of a non-gender specific passport option impacts on the claimant’s ability to obtain and use a passport on equal terms, with persons who identify, and are identified, solely in terms of male or female.”
She told the judge the impact of the passport office’s refusal to provide for X passports “affects not only non-gendered persons such as the claimant, but a broad section of the public”, including intersex and transgendered people and other individuals with gender dysphoria.