A family court in Japan declared it unconstitutional to require an individual to undergo gender-affirming surgery to obtain identification in line with their gender. The Shizuoka Family Court in Central Japan struck down the law, previously upheld as constitutional by Japan’s Supreme Court in 2019.
The verdict, originating from a lawsuit filed by transgender man, Gen Suzuki who pursued to change his gender on his identification from female to male without gender-affirming surgery, has been widely celebrated by LGBTQ+ activists. The court upheld his request, stating that requiring surgery “raises a question of its necessity and rationality.” The court also noted that “changing one’s gender was a compelling legal interest.”
Under former Japanese law, transgender individuals were required to undergo gender-affirming surgery, in line with a gender identity disorder diagnosis, before being able to change their gender on their family register. The court found this provision to be null, pointing to Article 13 of Japan’s Constitution, which protects the right to an individual’s pursuit of happiness.
The law had been upheld by Japan’s Supreme Court in a decision rendered in 2019. This ruling found that the law was not unconstitutional, citing the necessity and ‘reasonableness’ of the requirement in light of the societal view of transgender individuals and the Japanese family system.
Japan is currently the only G8 nation that does not recognize same-sex marriages. However, recent decisions suggest an incremental opening towards acceptance of the LGBTQ+ community. For instance, a decision by the Japanese Supreme Court in July deemed a government restriction prohibiting transgender women from using women’s restrooms as unlawful.