Christie Elan-Cane lost against the UK government after they argued that having to choose a gender on the passport was taking away human rights from non-binary people being able to identify as neither male nor female, BBC reports.
On Tuesday, the appeal was dismissed, and the policy was not considered to be breaking any human rights laws.
The activists requested to have an ‘X’ option when marking a gender on the passport, as Canada, Australia, and Germany all have a gender-neutral choice.
Lady Justice King said, “No-one has suggested, nor could they, that the appellant has no right to live as a non-binary, or more particularly as a non-gendered, person.”
She spoke of how the issue is beyond a passport, and cannot be isolated, and how this is a drive for change.