October 22 was a historical moment for American nonbinary and gender nonconforming individuals, with the United States (U.S.) issuing its first ever passport labelled with ‘X’ for the gender section. Whilst the State Department did not announce who the recipient of said passport was, Dana Zzyym, a Coloradan intersex activist, revealed themself to be the person in question. Zzyym explained how their passport was the result of a six-year-long legal battle between themselves and the State Department, describing the liberating feeling of having a passport accurate to their identity. Zzyym states that this official recognition “doesn’t force me to identify as male or female but recognizes I am neither.”

The Third Choice

Zzyym was born biologically intersex, a term defined by the Office of the United Nations High Commissioner for Human Rights (OHCHR) as having sex characteristics that do not fit typical binary notions of male or female. During their childhood, Zzyym was assigned as male by their parents, even undergoing several unsuccessful surgeries to conform to the binary standard. Yet, they came to identify as intersex later in life. Most intersex and gender nonconforming people go through paperwork issues however, and Zzyym was no exception to the norm. The U.S. only recognises binary genders officially, and this was reflected on its previous passports. Zzyym’s application for a passport without a marked gender was thus denied, which led to them suing the State Department.

Zzyym has not been the only one to struggle against the traditional norms of gender identity however, with the recognition of diversity being on the rise in many countries around the globe. Argentina, Uruguay, Canada, Australia, Portugal, the Netherlands along with several other countries have already instituted laws to allow gender nonconforming individuals to have their gender marked as ‘X’ on all official documents, including passports. A small note to make here, however, would be to define what the ‘X’ in the gender section exactly denotes. The label of ‘X’ does not mean that the holder of the passport identifies with a third, X-gender, but instead that they do not conform to the societal norm of being either male or female — hence the term gender nonconforming. The acceptance of such individuals is an important step for the Lesbian, Gay, Bisexual and Transgender (LGBT) community, especially to transgender individuals, due to what it symbolises — official recognition for their identities.

Behind the Recognition

Whilst the effect of the Zzyym case is clear-cut, the reasons behind why the U.S. administration chose to issue Zzyym the passport lie untold. Democrat President Joe Biden’s administration, while not as left-leaning as some of the forerunners of the American LGBT movement, has still been evaluated as being increasingly tolerant of diversity, especially compared to the previous regime under the far-right Republican Party.

One of the main factors that might have influenced this decision is the advent of the internet and social media. An idea that was ironically realized through former president Donald Trump and his extremely frequent usage of Twitter, the fact that social media plays a crucial role in politics is obvious. This revelation has not gone unnoticed by most members of the LGBT community, who have taken to capitalizing on the anonymity and widespread presence of most social media platforms to propagate calls for their rights to their identity and for official recognition.

The Future of the LGBT Community in Korea

Whilst the Zzyym case may not be the first victory for the LGBT community, it is also unlikely to be the last. In fact, the trend of tolerance seems to be a global one, spreading like wildfire amongst the countries of the world. Korea, while still significantly behind in this aspect, has begun to catch up to the times too. The Anti-Discrimination Law, which was shot down several times in the past due to lack of support, was brought up to congress once again earlier this year by the Democratic Party. The latest iteration of the bill includes articles on the ban of discrimination based on, among many other factors, an individual’s sexual orientation and gender identity. While certain factors surrounding the institution of the bill are surrounded by controversy, many in the LGBT community find the bill to be the first step towards recognition of their rights, of which none are legally guaranteed.

Unlike some of the countries that act as forerunners in LGBT rights, Korea has yet to even recognize a third, non-binary gender, nor are people who identify as such provided with official documentation. Whilst the Anti-Discrimination Law is expected to alleviate some of their woes, further action is required for the full recognition that the LGBT community deems necessary. The law in question merely bans the discrimination of individuals based on their gender identity; nowhere in it is there any mention on the revision of status on their official recognition, still leaving much to be desired.

The path that lies ahead is not entirely set in stone however, considering the ever-fluid nature of the current world. If there is one thing that acts as a centrepiece to such a paradigm however, it would be the concept of acceptance of those that differ from us. If the Anti-Discrimination Law stands for the idea of tolerance — the willingness to allow the existence of matters beyond the norm— the next wave should advocate the full embracing of such differences.

One need not necessarily espouse such ideals, as gender and sexual orientation are not choices. What matters in the end is the that people who do find themselves to be nonconforming to traditional ideals are accepted, and that they may hold their own beliefs, ideals and rights to personhood, and not be debarred from equal rights due to such beliefs.