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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.
A UK high court on Thursday struck out a suit nstituted by equality campaigner, Christie Elan-Cane, who wanted the court to mandate the UK Home Office to issue gender-neuteal or X passports.
The court presided over by Justice Jeremy Baker stood by the Home Office after it was told that changing the policy 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 claims that non-gendered people suffer discrimination and are being deprived of their “legitimate identity”.
Even though 10 countries permit citizens to opt for a third gender category, X or “unknown”, the UK restricts sex designations to male or female.
The 10 countries include: Canada 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.
According to Ella -Cane’s lawyer, Kate Gallafent, the current British passport 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.”
Sir James Eadie QC, on behalf of the home secretary, submitted that the policy does not “interfere” with rights under the ECHR.
He argued that if the policy constituted an interference with article 8 – the right to respect for private life – it was justified by the need to “maintain an administratively coherent system for the recognition of gender”, to maintain security and to combat identity theft and fraud, and “to ensure security at national borders”.