The Supreme Court held, dismissing the appeal, that requiring the Secretary of State to issue the appellant with a passport reflecting the appellant's identification as non-gendered went well beyond ECHR case law; the appellant’s interest in being issued with an ‘X’ passport was outweighed by public interest considerations, including the importance of maintaining a coherent approach across government.
The Supreme Court today handed down its judgment in judicial review proceedings brought by Clifford Chance (on a pro bono basis) on behalf of Christie Elan-Cane challenging the legality of the UK Government s passport policy, which requires that either a M or F gender marker appear on every UK passport.