Kazuyuki Minami : “Japan Court Allows Transgender Gender Change”

Japanese High Court Approves Legal Gender Change for Transgender Woman

In a progressive move, a Japanese high court has granted approval for a transgender woman to change her legal gender without the need for compulsory gender-affirming surgery. This decision, made by the Hiroshima High Court, has been hailed as a step towards inclusivity by LGBTQ+ groups.

Traditionally, under Japanese law, individuals seeking to change their gender on official documents must be diagnosed with gender dysphoria and undergo surgery to alter their sex organs. However, the recent ruling challenges this requirement, suggesting it may be unconstitutional.

The case involved a transgender woman in her late 40s from western Japan who was assigned male at birth. Despite facing rejection from lower courts for her gender change request, she persisted with the argument that the surgery mandate imposed financial and physical burdens, infringing on her constitutional rights.

Following a landmark decision by the Supreme Court last October deeming the sterilization requirement unconstitutional, the Hiroshima High Court revisited the transgender woman’s case. It was determined that hormonal therapy had adequately feminized her body, obviating the need for surgery.

As a result of Wednesday’s ruling, the claimant can now update her official records to reflect her gender identity, marking a significant victory for transgender rights in Japan.

Kazuyuki Minami, one of the claimant’s lawyers, relayed the court’s decision to her over the phone, eliciting tears of relief from the client. This outcome has been welcomed by the Japan Alliance for LGBT Legislation as a positive step towards greater legal recognition for transgender individuals.

While the ruling represents progress, concerns linger regarding inclusivity for those unable to undergo hormonal therapy. The advocacy group pledges to continue advocating against discrimination towards transgender people in Japan.

This decision comes amidst a growing awareness of LGBTQ+ issues in Japan, highlighting the need for greater acceptance and legal protections for all members of the community. While the high court ruling is not legally binding like that of the Supreme Court, it signals a shift towards a more inclusive and supportive environment for transgender individuals in the country.