By Mira Crane ’27
Staff Writer
The Supreme Court of Japan recently declared that the country’s requirement forcing transgender individuals to undergo sterilization to formally change their gender on the Japanese family registry certificate is unconstitutional.
According to the New York Times, the Court unanimously ruled that a legal clause requiring sterilization before updating one’s gender identity on legal documentation restricted the plaintiff’s freedom “not to harm herself against her will.” The case centered a document called the Japanese family registry certificate and the plaintiff was a transgender woman.
This decision is a reversal of a 2019 Supreme Court ruling that upheld this clause as constitutional, the Times reported. The plaintiff previously attempted to change her gender identity to female on the family registry, but National Public Radio reported that her request was denied by lower courts because she had not undergone sterilization.
The NPR article went on to explain that to legally change your gender in Japan, one must get a diagnosis of gender dysphoria, be at least 18 years of age, have no underage children, medically transition and undergo sterilization. Since the law was passed in 2004, approximately 12,000 transgender people have had their gender legally recognized.
According to NPR, the plaintiff argued in the Supreme Court case that the forced sterilization was a denial of her constitutional right to “pursue happiness” and be protected from discrimination. She also argued that forced sterilization placed an economic and physical burden on her. Her lawyer added that hormone therapy had already caused her reproductive abilities to be reduced.
BBC News reported that Human Rights Watch celebrated the ruling, pronouncing it an “important victory for transgender rights in Japan.”
However, according to the New York Times, the Supreme Court did not issue a ruling on the policy requiring sex reassignment surgery before transgender citizens can change their gender identity on legal documents. The Court only ruled on the sterilization requirement, leaving many transgender people still unable to make the legal change to their gender identity.
The New York Times went on to explain that Japan had only recently passed a “watered-down” anti-discrimination bill, and that lawmakers have very slowly begun to expand LGBTQ+ rights. According to the BBC, until the Oct. 25 ruling, Japan was one of 18 countries that mandated sterilization surgery to formally change one’s gender identification.
This surgery requirement is opposed by the World Health Organization. Japan is also the only G7 nation not to recognize same-sex marriage, although the New York Times reported that this ban on same-sex unions has been challenged by district courts.
Despite the unanimous decision, this Supreme Court ruling does not have unequivocal support in Japan. According to the New York Times, it will likely face opposition from lawmakers and conservative activists. In September, leaders within the Liberal Democratic party met with the justice minister to present their objections to urge against changing the law that mandates surgical transition.
According to BBC News, groups that are against changing the law argue that allowing people to legally change their gender without transition surgery could lead to legal confusion and cause cisgender women to feel unsafe.
BBC News also reported that opinion polls have demonstrated that there is growing support in Japan for laws protecting LGBTQ+ rights. According to NPR, Human Rights Watch expects the ruling to resonate with other governments as they recognize that there should be separation between recognition of transgender identities by the law and the personal decision to surgically transition. This decision is, at least, a major step forward in upholding trans rights in Japan, Human Rights Watch said.