In a landmark ruling, Japan’s highest court has declared the country’s 2003 law, which mandates sterilization surgery for transgender individuals seeking an official change of gender, to be unconstitutional. This decision marks the first time the 15-judge grand bench of the top court has addressed the constitutionality of the requirement, which has long faced international criticism from human rights and medical organizations.
The case was brought before the court by a plaintiff who had sought to change their gender designation from male to female in the family registry but had faced rejection in lower courts due to the requirement.
This ruling arrives at a time when the issues concerning LGBTQ+ rights in Japan have gained significant visibility. Activists have been intensifying their efforts to pass anti-discrimination legislation, particularly since a former aide to Prime Minister Fumio Kishida expressed reluctance to live near LGBTQ+ individuals and suggested that citizens might leave Japan if same-sex marriage were legalized.
However, progress in this regard has been slow, as Japan stands as the sole member of the G7 group of major industrialized economies that has yet to legalize same-sex marriage or implement comprehensive legal protections, including anti-discrimination laws.
