In a groundbreaking ruling, Japan’s Supreme Court has declared that the requirement for transgender individuals to undergo sterilization surgery in order to officially change their gender is in violation of the constitution. This historic decision, delivered by the Supreme Court’s 15-judge Grand Bench, marks the first time the court has addressed the constitutionality of Japan’s 2003 law, which mandates the removal of sex organs for a state-recognized gender change – a practice that has faced sustained criticism from international human rights and medical organizations.
While this ruling is a significant step towards enabling transgender individuals to change their gender identity on official documents without the imposition of sterilization, it does not represent an outright victory. The Supreme Court has directed the case back to the high court for a more thorough examination of the necessity of gender-affirmation surgery. The lawsuit, initiated in 2020, was brought by an individual who had previously been denied a gender change in their family registry – from male to female, which was assigned at birth – by lower courts.
The timing of this decision is particularly noteworthy, as it coincides with a period of heightened awareness and advocacy for LGBTQ+ rights in Japan. While this ruling may not entirely eliminate the hurdles faced by transgender individuals, it stands as a partial victory for the LGBTQ+ community in the country.
