that imposing such a pre-condition presented transgender persons “with an impossible dilemma” if they did not want to undergo sterilisation surgery or treatment. That condition amounted to a violation of article 8. However, there was no breach of article 8 in requiring a diagnosis of gender dysphoria. There was at that time near-unanimity amongst Contracting States in requiring such a diagnosis and imposing that requirement did not infringe article 8: see para 140.
74. Applications for a GRC are determined by the Panel in private and, according to section 4 of the GRA 2004, if the Panel grants the application it must issue a GRC to the applicant. The certificate is either a full certificate if the applicant is not married or an interim certificate if the applicant is married. The Act contains complex provisions for addressing the issues raised by the response of the applicant’s spouse to the successful application: see Schedule 4 to the Act. The issue of an interim certificate is a ground for divorce and if divorce ensues, the applicant must then be granted a full GRC. Appeals on a point of law from the rejection of an application go to the High Court or Court of Session: section 8. The certificate must state that the acquired gender is male or is female: the Panel has no power to issue a “non-binary” certificate, even where the applicant has a certificate declaring them to be “non-binary” issued by an overseas authority: see R (Castellucci) v Gender Recognition Panel [2024] EWHC 54 (Admin), [2024] KB 995.
75. Section 9 of the GRA 2004 is key to the issues raised in this appeal. It remains in force in the form originally enacted and provides:
“9 General
(1) Where a full gender recognition certificate is issued to a person, the person’s gender becomes for all purposes the acquired gender (so that, if the acquired gender is the male gender, the person’s sex becomes that of a man and, if it is the female gender, the person’s sex becomes that of a woman).
(2) Subsection (1) does not affect things done, or events occurring, before the certificate is issued; but it does operate for the interpretation of enactments passed, and instruments and other documents made, before the certificate is issued (as well as those passed or made afterwards).
(3) Subsection (1) is subject to provision made by this Act or any other enactment or any subordinate legislation.”
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