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Interview with Oscar Davies: Non‑Binary Visibility, Advocacy and Life at the Bar

A conversation with barrister Oscar Davies on non‑binary visibility, legal protections, advocacy, memorable cases and their upcoming book on gender recognition.

Introduction

On a warm Friday afternoon in late May, sunlight filters through the windows of Garden Court Chambers while the trees in Lincoln's Inn Fields sway gently outside. Inside, Oscar Davies is fully absorbed in conversation, speaking with calm conviction about respect, non‑binary visibility, and their recent Evening Standard feature.

The interview begins on a sweet note, with Davies offering a Krispy Kreme doughnut and setting a warm, candid tone. What follows is a natural, thoughtful discussion that reveals the principles guiding their work and life.

Interview

Q: Can you tell us about your journey to becoming a barrister and what inspired you to pursue a career in law?

I have a performance background in classical and jazz music and performed frequently at school. I studied French and History at King's, with a choral scholarship, and focused my dissertation and electives on gender theory. I was torn between journalism, diplomacy and law. I chose the Bar because it allowed me to use my performance skills in a different context while keeping my brain engaged.

Q: What does international non‑binary day mean to you?

I am wary of box‑ticking exercises, but visibility matters. The day creates space for non‑binary people in the public sphere. It reminds people that we exist every day of the year and are not a concept or belief.

Q: Do you think non‑binary people have enough legal protections?

Not at all. No UK legislation mentions the word non‑binary. This makes protections fragile. Cases such as Taylor v Jaguar Land Rover and R (AA and others) v National Health Service Commissioning Board consider non‑binary and gender‑fluid identities under section 7 of the Equality Act 2010, but these are first‑instance decisions. In contrast, at least fifteen countries recognise non‑binary identities through measures such as third‑gender passport markers or marriage recognition.

Q: Is there still a need for pride?

Of course. The weaponisation of pride by certain groups is sad to see, especially when it comes from marginalised groups inside and outside the community. Rights are not mutually exclusive. Expanding rights does not infringe on others. Misunderstanding this undermines human rights and the rule of law.

Q: What challenges have you faced as a non‑binary barrister, and how have you overcome them?

It has not been easy. I first secured pupillage at a media law chambers that dissolved five months before I was due to start. I had to secure pupillage again, wasn't taken on, completed a third six, and eventually moved to Garden Court. It's been a wild ride, but I wouldn't change it. The difficulties have made me a better advocate. With strong grades, scholarships, pro bono work, and mini‑pupillages, perseverance and luck can get you there.

Q: How did it feel to be featured in the Evening Standard Magazine's Pride Issue 2024?

Very validating. Law can be perceived as boring, so it was fun to add some glam with the ES Magazine team. Donatella Versace seeing and choosing my picture is iconic.

Q: Tell us about winning the LGBTQ+: Champion of the Year award at the Legal 500 ESG Awards 2024.

It was very exciting. I never thought I would win a legal award so early in my career. I was nominated in two categories and assumed I might win the D&I rising star category. Instead, I won LGBTQ+: Champion of the Year, which was a shock given the strong nominees, including two KCs. I am grateful that my advocacy around trans and non‑binary rights, much of which is unpaid, was recognised.

Q: Can you describe a memorable case you have worked on and what you learned from it?

Earlier this year I took on an education case via Advocate with my colleague Ollie Persey. A non‑binary pupil with learning difficulties had been permanently excluded. At the appeal hearing, the panel overturned the decision on almost all legal grounds. The school resisted, so we drafted a pre‑action judicial review letter with Simpson Millar. The pupil was eventually allowed back. It was a special win because the pupil faced significant institutional challenges, and we helped put them back on a better path.

Q: Do you have anything exciting in the pipeline?

Yes. My book is in progress. It explores non‑binary legal recognition and how deconstructing the gender binary benefits everyone. It examines how the law translates these ideas. It is part campaign, part reimagining. Hopefully it will be out next year.

Q: What advice would you give to non‑binary individuals aspiring to enter the legal profession?

As long as your safety is not compromised, go for it. The legal profession is more welcoming to non‑binary people than it may appear from the outside.

Quick‑fire Questions

Q: Favourite anime?

Anything Studio Ghibli, but probably Nausicaä of the Valley of the Wind.

Q: One thing most people do not know about you?

When I was a baby, people called me Bubbles because I would sit in my cot and blow bubbles for hours.

Q: If you were not a barrister, what would you be doing?

Travelling without a care in the world. If only money did not exist.

Q: One thing you cannot live without?

Sparkling water.

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