Genders that don’t matter: Non-binary people and the Gender Recognition Act 2004

In July 2017 the UK government committed to “streamlining” the process for a legal change of gender in England and Wales. At present, the legal recognition of a change of gender is conditional upon applicants submitting two detailed medical reports certifying their diagnosis with “gender dysphoria”, as well as a number of documents that attest to the “permanence” of their so-called “new” gender. In addition, legal recognition is limited to those applicants who identify – at least for the purpose of the application process – with a binary system of sex/gender. Drawing on comparable legal frameworks, this chapter will consider the limitations of the current legal framework regarding non-binary people, as well as the potential changes proposed more recently.