The decision by the top court’s 15-judge Grand Bench was its first on the constitutionality of Japan’s 2003 law requiring the removal of sex organs for a state-recognized gender change, a practice long criticized by international rights and medical groups.
The decision comes at a time of heightened awareness of issues surrounding LGBTQ+ people in Japan and is a partial victory for that community. But changes have come slowly and Japan remains the only Group of Seven member that does not allow same-sex marriage or legal protections, including an effective anti-discrimination law.
The special law that took effect in 2004 states that people who wish to register a gender change must have their original sex organs, including testes or ovaries, removed and have a body that “appears to have parts that resemble the genital organs” of the new gender they want to register with. In a country of conformity where the conservative government sticks to traditional paternalistic family values and is reluctant to accept sexual and family diversity, many LGBTQ+ people still hide their sexuality due to fear of discrimination at work and schools.
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