A woman who claims to be “non-gendered” has lost her appeal to force the Government to issue gender-neutral passports.
62-year-old Christie Elan-Cane is female but believes it is discriminatory that the Passport Office (HMPO) does not permit her to use an ‘X’ on her passport instead of an ‘F’.
Christie had challenged the legality of the UK government’s passport policy, which requires that either an “M” or “F” gender marker appear on every UK passport.
The court said that the policy is not unlawful, but emphasized that people whose gender identity is non-gendered or non-binary have a right to respect.
Christie is a non-gendered activist who has campaigned for a third-gender option on British passports for more than 25 years. Christie uses per as a gender-neutral pronoun, similar to how some people use they/them pronouns.
Christie Elan-Cane said:
“Legitimate identity is a fundamental human right but non-gendered people are treated as though we have no rights. It is unacceptable that someone who defines as neither male nor female is forced to declare an inappropriate gender in order to obtain a passport.
“This decision is devastating to me. It is bad news for everyone who cannot obtain a passport without the requirement imposed by the UK government that they should collude in their own social invisibility.”
Christie told judges at a December 2019 hearing that the UK’s passport application process is “inherently discriminatory” and breaches human-rights law because it forces individuals to choose either male or female, and does not have an option for non-binary or non-gendered individuals.
The activist wanted a passport that either didn’t specify per gender or a passport with a third gender option, in addition to male and female.
At a December hearing, Kate Gallafent QC, for Christie, told judges:
“This is an important case in the anxious context of the proper understanding and respect for the intimate, human rights of the affected class – persons whose gender identity is neither, or neither exclusively, male nor female.
“There is little which is more fundamental and deeply personal than an individual’s gender identity.”
But the Court of Appeal has ruled in favor of the Home Office, saying that there was no positive obligation on the government to provide “X” gender markers in passports.
The judges ruled that the government has the discretion to decide not to extend this right to non-binary people at the moment.
The government had argued that it wouldn’t provide “X” gender markers and gender-neutral passports in isolation, but would consider it as part of its wider approach to non-binary identities.
There is currently no legal recognition for non-binary people in the UK.
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Sources: Taphaps, Guardian, Pluralist, TIME, AP News
