WPATH and the recent Korean court ruling on surgical preconditions for legal gender recognition.

President's Notes #9 from WPATH President Lin Fraser

Dear WPATH Members,

I want to share some good news with you regarding our successful efforts to help transgender people in South Korea.

Last December, the WPATH Boardresponded to a request of the legal team representing five trans men who had petitioned a South Korean court to protest policies requiring them to have genital reconstruction in order to have identity documents that correspond with their lived gender. In ourreply letter, we drew the court's attention to the WPATH Identity Recognition Statement of 16th June 2010 (available on the WPATH website), whichargues (inter alia) that ‘no person should have to undergo surgery or accept sterilization as a condition of identity recognition’. The letter went on to note the increasing number of jurisdictions worldwide which no longer require surgical intervention as a condition for legal gender status recognition. It also noted that many trans people find comfort with their gender identity and expression without undergoing surgery, noted the health risks associated with invasive surgical procedures of this sort, and warned about the mental health impact associated with any involuntary or forced genital reconstructive surgery.

A member of the Korean legal team contacted the Board on March 18, 2013, to confirm what he describes as a’truly exciting and inspiring court ruling’ and, on behalf of the Korean Society of Law and Policy on Sexual Orientation and Gender Identity and its clients, to thank WPATH for its intervention in this case. At the same time he notes that this ruling is from a lower court and therefore capable of being overturned. His Society made a donation of $100.00 to WPATH as a token of gratitude, and noted that they look forward to working with WPATH again as the need arises.

Board member Dr. Sam Winter notes that whilemany onerous requirements remain in place for trans people in that country who wish to change their legal gender status, the decision represents an important step in the right direction, not only for South Korea but also for East Asia. There are few Asian countries in which it is possible for trans people to change their legal gender status at all. South Korea has for several years been one of them. With this court decision, South Korea becomes the only country in East Asia that allows legal gender recognition to trans people without the imposition of the fullest possible range of surgery as a pre-condition.

WPATH Board members are grateful to Dr. Jamison Green, President-Elect, for writing the letter that was sent to the court.

I am grateful to Board Member Dr. Sam Winter and President Elect Dr. Jamison Green for sharing this good news with us and writing this report.

I look forward to hearing from you.

My best,

Lin Fraser EdD

WPATH President