Japan Court Rules Sex Change Appearance Requirement Unconstitutional

Tokyo, Sept. 24 (Jiji Press)–A Japanese court on Friday ruled a provision under a law on gender dysphoria requiring a change in the appearance of people’s genital organs to that of the preferred sex to change their legal gender as unconstitutional and invalid. Sapporo Family Court handed down the decision for two cases in which two individuals from Sapporo, Hokkaido, had separately asked that the gender recorded in their family registry be changed by making the requirement unconstitutional and invalid. Both individuals have not undergone gender reassignment surgery, nor received hormone therapy out of concerns about side effects. Friday’s court move is the first judicial decision finding the requirement unconstitutional. The court said that the requirement “imposes excessive restrictions.” Since many members of the transgender community already steer clear of using public baths and other facilities to avoid confusion, the genital organ appearance requirement has become less necessary, the court said. The court said that the world has made advances in medicine since the law was established, so genital surgery may not be necessary in some cases. Imposing the requirement lacks reasonable relevance, it said. The condition violates Article 13 of the Constitution stipulating respect for individuals, the court concluded. In 2023, the Supreme Court found that another requirement under the law’s provision effectively requiring surgery to eliminate reproductive capacity to be unconstitutional and invalid. END [Copyright The Jiji Press, Ltd.]