A trans-identified man and diaper fetishist in Canada who identifies as “non-binary” has won his legal case against the Ontario Health Insurance Plan (OHIP) to have them pay for an experimental surgery that would leave him with both his penis and a “neo-vagina.” Ontario taxpayers will now be forced to spend up to $70,000 flying him to Texas for the surgery due to its unavailability in Canada.
The man, 33, was simply identified as KS in the lawsuit, and made international headlines last week after Ontario’s Divisional Court began deliberating on whether he was entitled to have an “penis-preserving vaginoplasty” covered by the province’s public health scheme.
This week, the court ruled 3-0 that KS was entitled to have the surgery funded by the taxpayer after finding that the province had incorporated standards written by the World Professional Association for Transgender Health (WPATH) into its health insurance law. These international standards endorse radical “gender affirming” surgeries far beyond the scope of Canadian surgical guidance, including castration.
Reduxx has now learned that KS celebrated the result on a Reddit board dedicated to “bigenital” people, revealing his social media handles and providing insight into the man behind the lawsuit.
On Reddit, KS describes himself as a “non-binary disability advocate” and stated he may go offline at times due to suffering with bipolar disorder. As well as documenting his pursuit to obtain both a penis and a “vagina,” KS also regularly posts about his mental health issues and sexual fetishes.
In one post, KS asked the asexual community whether his lack of sex drive could be a result of depression and bipolar disorder.
“Like what if I felt better about myself? What if I wasn’t depressed 24/7? Would that be there? Is it because it’s muted? I have no idea. I have no way to know. I just struggle with these thoughts all the time. I have been depressed almost every single day since I was like 5 years old,” he wrote.
In another post, he asks if his sexual dysfunctions could be a side-effect or symptom of bipolar or the medication he is on. KS has also speculated about being schizophrenic in addition to having bipolar disorder.
As well as identifying as non-binary, KS also identifies as a “transgender baby” and a “little” who is attracted to diapers. In one post, he reveals that his bedroom is fashioned to look like that of an 8-year-old girl, and that he experiences spells where he is “obsessed” with incontinence.
Approximately 4 years ago, KS proposed a suggestive “moral conundrum” asking whether it would be ethical to seek government assistance after becoming voluntarily incontinent to the point of no longer being able to work.
KS also asked in the subreddit r/Incontinence if it was safe for him to have genital surgery if he suffers from incontinence, revealing that he also has Irritable Bowel Syndrome and sometimes defecates on himself.
KS has also expressed suicidal ideations, severe trauma as a result of childhood abuse, and how he was struggling to get adequate mental health support.
“I [don’t] know how else to say it… I really, truly need to die. I wish there was another way, but like…I am not able to take care of myself, or vouch for myself, and I’m just needlessly suffering… It’s been like that forever. I am physically and mentally suffering, and only people with advocates can get mental health treatment. My Np knew how I feel for ages… No one does anything. Literally no one [in real life] actually cares,” he wrote.
“I just am tired of being sick and going without treatment… I used to be full blown crazy, but like, now I’m just lonely. I have never had a partner or a real relationship or a family that loved me… no, just abused as a child and then now as an adult… I live alone and sadly that’s safer for me… they threaten me, so I can’t be near them… I just hate that I need to die, but that’s it, there’s nothing else I have the power to do…”
Despite his self-reported mental health issues, KS sought out genital surgery in the US, seeking a vaginoplasty without a penectomy in a clinic in Texas.
In June 2022, he applied to have the surgery covered under the Ontario Health Insurance Plan (OHIP), but OHIP denied his funding request. At the time, OHIP concluded that a vaginoplasty without penectomy is not an approved procedure in the Schedule of Benefits.
KS appealed the decision and the Health Services Appeal and Review Board granted his appeal. In a decision referring to him by feminine pronouns, the board argued that “[KS] is non-binary and having her penis removed would invalidate her non-binary identity” and that removal of his penis would leave him with orgasm dysfunction and was risky due to his pre-existing incontinence.
However, OHIP fought the boards appeal, presenting three arguments. They argued that vaginoplasty without a penectomy was not specifically listed as a service they fund, that the surgery was experimental, and that it did not meet the requirements for out-of-country coverage.
OHIP stated in their original denial letter that they would cover a vaginoplasty, but that a vaginoplasty by definition included a penectomy. During the appeal, they submitted evidence from Dr. Yonah Krakowsky, a leading vaginoplasty surgeon in Toronto, who argued that all of the methods used to perform a vaginoplasty in Canada involved the removal of the penis.
A prominent LGBT organisation in Canada, Egale Canada, also supported KS’s case. In a written submission to the court, they argued that such surgeries can profoundly improve a person’s quality of life and health-care providers shouldn’t assume what surgeries are medically necessary.
The superior court of Justice in Ontario’s Divisional court upheld the boards decision in April 2024. “I find the Board was correct to find that a vaginoplasty without an accompanying penectomy is a ‘specifically listed’ service in the Schedule of Benefits.” The decision read.
Based on the courts decision, OHIP are required to both fund the surgery and cover KS’s legal costs at a fixed cost of $20,000.
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