The equality campaigner Christie Elan-Cane has lost a high court challenge against the UK government’s refusal to issue gender-neutral, or X, passports. Mr Justice Jeremy Baker upheld Home Office policy after the court was told it would affect other legislation, cost too much to change computer records and increase the need for consular support abroad for gender-neutral British citizens. Elan-Cane, who has pursued the issue for more than 25 years, has claimed that non-gendered people suffer discrimination and are being deprived of their “legitimate identity”. UK passports restrict sex designations to male or female. Ten countries permit their citizens to opt for a third category, X, or unknown.
Canada was the most recent to offer its citizens gender-neutral passports. Other country that allow a third option are Australia, Denmark, Germany, Malta, New Zealand, Pakistan, India, Ireland and Nepal. X passports are approved by the ICAO, the UN agency that regulates international air travel. During the hearing, Kate Gallafent QC, for Elan-Cane, argued that HM Passport Office policy breaches 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). She 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.”(theguardian)…[+]