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High Court refuses bid for gender-neutral passports | High Court refuses bid for gender-neutral passports |
(35 minutes later) | |
A campaigner has lost a High Court challenge calling on the government to provide gender-neutral passports. | A campaigner has lost a High Court challenge calling on the government to provide gender-neutral passports. |
Christie Elan-Cane wants passports to have an "X" category, which could be used by those who consider themselves neither fully male nor female. | Christie Elan-Cane wants passports to have an "X" category, which could be used by those who consider themselves neither fully male nor female. |
The campaigner claimed the UK's passport process was "inherently discriminatory". | The campaigner claimed the UK's passport process was "inherently discriminatory". |
High Court judge Mr Justice Jeremy Baker refused to rule the government policy as unlawful. | |
Currently, all UK passport holders have to specify whether they are male or female. | Currently, all UK passport holders have to specify whether they are male or female. |
Christie Elan-Cane, who has fought on the issue since 1995, says it is a "basic human right to have your identity" and that the UK government "are saying non-gendered people are not human, or just not as important as everyone else". | Christie Elan-Cane, who has fought on the issue since 1995, says it is a "basic human right to have your identity" and that the UK government "are saying non-gendered people are not human, or just not as important as everyone else". |
They previously told the Women and Equalities Committee that being non-gendered was "not a lifestyle choice" and "incredibly frustrating". | They previously told the Women and Equalities Committee that being non-gendered was "not a lifestyle choice" and "incredibly frustrating". |
Speaking after the ruling, Christie Elan-Cane said they were "bitterly disappointed" and said non-gendered people are "socially invisible" and being "denied civil rights". | |
"I was not seeking special treatment. I was seeking to be treated as a human being," they added. | |
In the High Court hearing in April, Christie Elan-Cane's lawyer, Kate Gallafent, claimed the policy breaches two articles of the European Convention on Human Rights: the right to respect for private life and the right not to be discriminated against on the basis of gender or sex. | In the High Court hearing in April, Christie Elan-Cane's lawyer, Kate Gallafent, claimed the policy breaches two articles of the European Convention on Human Rights: the right to respect for private life and the right not to be discriminated against on the basis of gender or sex. |
But the Home Office made submissions to the court that the case should be dismissed. | |
James Eadie, acting for the Home Secretary, said the policy maintains an "administratively coherent system for the recognition of gender" and ensures security at national borders. | James Eadie, acting for the Home Secretary, said the policy maintains an "administratively coherent system for the recognition of gender" and ensures security at national borders. |
Male, female and non-binary | |
The "X" stands for unspecified for people who do not identify as male or female. | |
Last year, Canada became the latest country to offer citizens gender-neutral travel documents. | |
Australia, Denmark, Germany, Malta, New Zealand, Pakistan, India and Nepal already have a third category. | |
The International Civil Aviation Organisation - the UN agency in charge of air travel - also recognises the "X" option. | |
And, in what could be the first case in the world, in 2017 a Canadian baby was issued a health card without a gender marker. | |
MP Maria Miller, the chair of the Women and Equalities Committee, has previously said a person's gender was "not relevant" on passports and driving licences. | MP Maria Miller, the chair of the Women and Equalities Committee, has previously said a person's gender was "not relevant" on passports and driving licences. |
She said gender details on passports do not assist with identification. | She said gender details on passports do not assist with identification. |
The ruling comes as the UK government is to launch a consultation on the Gender Recognition Act 2004, to consider plans to make the process of changing legal gender easier. | |
Currently, to change gender people must have lived for two years in their preferred gender and must be diagnosed with gender dysphoria, a condition where a person's biological sex and identity do not match. | |
They can then apply for a Gender Recognition Certificate. | |
People can change their gender on documentation including passports and driving licences - but there is no option to identify as non-binary. | |
Christie Alan-Cane said they cannot comment on whether they will lodge an appeal to the High Court decision. |