Japan’s Supreme Court has made a significant ruling, declaring that a law requiring transgender individuals to undergo surgery in order to have their gender officially recognized is unconstitutional. The law, which came into effect in 2003, mandated that individuals must have their reproductive organs removed to have their gender recognized on official documents and family registries. However, the court’s 15 judges unanimously decided that this requirement violated the constitution.
The case was brought before the Supreme Court by a transgender woman who had been denied the opportunity to change her gender on her family registry by a lower court. Since the implementation of the law mandating surgery, over 10,000 individuals have undergone the procedure to have their gender officially recognized.
Under the existing law, transgender individuals are required to be diagnosed with Gender Identity Disorder and undergo surgery to alter their reproductive organs to resemble those of their desired gender. This surgical intervention is seen as a prerequisite for the change of gender on official documents.
Japan has faced criticism for its slow progress in terms of LGBTQ rights, lagging behind other advanced economies. It is the only member of the Group of Seven industrialized nations that does not allow same-sex marriage or offer legal protections for LGBTQ individuals. Furthermore, Japan lacks an effective anti-discrimination law.
As a result of Japan’s sluggish progress, activists advocating for LGBTQ rights have intensified their efforts to introduce an anti-discrimination law. Their endeavors gained momentum when a former aide to Prime Minister Fumio Kishida expressed his reluctance to live next door to LGBTQ individuals and suggested that Japanese citizens would leave the country if same-sex marriage was legalized. These comments have only further highlighted the need for comprehensive LGBTQ rights legislation in Japan.
Although Japan has yet to legalize same-sex marriage, hundreds of municipalities across the country have introduced non-legally binding partnership certificates for same-sex couples. While not equivalent to marriage, these certificates make it easier for such couples to rent apartments and access other benefits.
In a separate case earlier this month, a lower court granted a transgender man’s request to legally change his gender without the need for surgery, ruling that the existing law was unconstitutional. The Supreme Court had previously ruled in 2019 that the surgical requirement was constitutional but suggested it should be reviewed as social values evolve.
In conclusion, Japan’s Supreme Court has made a significant ruling, deeming the requirement for transgender individuals to undergo surgery to have their gender officially recognized as unconstitutional. This decision marks an important step forward in the fight for LGBTQ rights in Japan, a country that trails behind other advanced economies in terms of legal protections and equality.
