The Home Office is not breaking any laws at present by refusing to issue gender neutral passports, the Court of Appeal has ruled.
Christie Elan-Cane, who does not identify as male or female, wants passports to offer 'X' as a gender option for non-binary people.
"Legitimate identity is a fundamental human right but non-gendered people are treated as though we have no rights," Elan-Cane said.
"It is unacceptable that someone who defines as neither male nor female is forced to declare an inappropriate gender in order to obtain a passport."
The Court of Appeal ruled against "X" passports last week but Elan-Cane is expected to appeal to the Supreme Court.
Ciarán Kelly, of The Christian Institute, welcomed the court's ruling, saying that it would be a "serious mistake" to introduce gender neutral passports.
"It also would have perpetuated this myth that you can somehow pick and choose your biological sex," he said.
Delivering the verdict, Lady Justice King suggested there could be a change to the law in the near future.
"There is a respectable argument that we are approaching a time when the consensus within the Council of Europe will be such that there will be a positive obligation on the state to recognise the position of non-binary including intersex individuals if and when that time comes," she said.
