Non-Binary Canadian wins lawsuit to have taxpayer-funded surgery to create vagina under his penis
A Canadian court has ruled in favor of a non-binary individual seeking gender-affirming surgery that preserves their penis while constructing a vagina—ordering the procedure to be publicly funded.
Identified only by the initials K.S., the 34-year-old, who was assigned male at birth and uses she/her pronouns, does not identify strictly as male or female.
K.S. initially sued the Ontario Health Insurance Plan (OHIP) in 2022 after it denied her request to fund the $70,000 procedure, which is only available at a clinic in Texas.
The surgery, known as penile-sparing vaginoplasty, involves constructing a neo-vagina between the scrotum and anus while retaining the existing male genitalia. According to court documents cited by Mail Online and Reduxx, K.S. underwent hormone therapy for over a year and lived in a gender-congruent role for 12 months, meeting the medical criteria for the operation.
Despite OHIP’s objections—arguing the procedure is not listed under its covered services since it does not include a penectomy—the Ontario Superior Court of Justice upheld K.S.’s right to full coverage.
The court ruled that vaginoplasty, regardless of technique or whether the penis is removed, qualifies as an insured procedure.
The decision followed earlier rulings from the Health and Services Appeal and Review Board and a previous appeal.
In the latest decision, Justices Benjamin Zarnett, Steve Coroza, and Lise Favreau found that the absence of a penectomy did not disqualify the procedure from coverage.
The court emphasized the broad definition of vaginoplasty in the province’s benefit schedule.
K.S.’s physician noted in a letter that she identifies as transfeminine but not fully feminine, and therefore desired both a penis and a vagina. The letter also stated that she hopes to contribute to research in the field.
In addition to securing funding for the surgery and travel costs, K.S. was awarded $23,250 in legal costs.
Ontario has until June 23 to file an appeal with the Supreme Court of Canada.
K.S.’s lawyer, John McIntyre, told National Post that his client is “pleased” with the outcome, which marks the third unanimous ruling in her favor.
