Case for non-binary birth certificates back in court today

The case of a transgender activist vying for a non-binary birth certificate in Newfoundland is back in court today in St. John's.

Gemma Hickey is taking legal action against the Newfoundland and Labrador government to have a gender other than male and female formally recognized on such documents.

Hickey has filed an application with the province's Supreme Court challenging the change-of-sex designation provision of the Vital Statistics Act.

Hickeysays it is unconstitutional and violates provincial and federal human rights legislation.

Non-binary means the person does not identify as male or female.

• Gender identity battle heads to court, to fight for third option on birth certificate
• Seeking a gender neutral birth certificate: Gemma Hickey challenges N.L. options

Hickey applied for a non-binary birth certificate in April and is believed to be among the first in Canada to do so.

On the change-of-sex designation form there were only two options male or female so Hickey wrote in "non-binary" and checked it off.

Last month, the Senate passed a bill that protects Canadians from discrimination based on gender identity or expression.