Japan’s top court strikes down required sterilization surgery to officially change gender

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The decision comes at a time of heightened awareness of issues surrounding LGBTQ+ people in Japan and is a partial victory for that community

A participant holds up a placard during the International Transgender Day of Visibility rally in Shibuya district of Tokyo on March 31.Japan’s Supreme Court on Wednesday ruled that a law requiring transgender people to undergo sterilization surgery in order to officially change their gender is unconstitutional.

The case was filed in 2020 by a claimant whose request for a gender change in her family registry – to female from assigned male at birth – was turned down by lower courts.The judges unanimously ruled that the part of the law requiring sterilization for a gender change is unconstitutional, according to the court document and the claimant’s lawyers.

The claimant, who is only identified as a resident in western Japan in her late 40s, originally filed the request in 2020, saying the surgery requirement forces a huge economic and physical burden and that it violates the constitution’s equal rights protections. More than 10,000 Japanese have had their genders officially changed since then, according to court documents from the Oct. 11 ruling that accepted Gen Suzuki’s request for a gender change without the required surgery.

Some groups opposing more inclusivity for transgender people, especially to those changing from assigned male at birth to female, had submitted petitions on Tuesday to the Supreme Court, asking it to keep the surgery requirement in place.

 

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