In a step forward for LGBTQ rights, Japan’s top court has ruled that forcing people to be sterilized to change gender is unconstitutional.
People attend the annual Tokyo Rainbow Parade in Tokyo. (Photo credit should read MARTIN BUREAU/AFP via Getty Images)
Currently, Japan requires people to have their reproductive organs removed before they can legally change their gender.
Supporters of the lesbian, gay, bisexual and transgender community (LGBT) take part in the pride parade, a part of the Tokyo Rainbow Pride 2019 in Tokyo on April 28, 2019. More than 10,000 people attended the parade to support sexual minorities.
They must also meet several other conditions.
Participants march in the Tokyo Rainbow Pride parade on the streets of Tokyo, Japan. (Photo by Alessandro Di Ciommo/NurPhoto via Getty Images)
People must be diagnosed with gender dysphoria by two doctors, undergo transition surgery, be older than 18, not married and not have any children under 18.
People take part in a rally organised by an activist group to support the LGBT legislation in Shibuya district of Tokyo. (Photo by PHILIP FONG/AFP via Getty Images)
The requirements have been widely criticized by human rights and medical groups.
Manifestants défilant à “la marche des fiertés” en soutien aux communautés, gays, lesbiennes, bisexuelles et transgenres (LGBT), le 24 avril 2022, à Tokyo. (Photo via Getty Images)
On Wednesday Oct. 25, Japan’s supreme court unanimously ruled that the sterilization requirement violates the country’s constitution.
Gay people carry a rainbow flag as they march on the street during the Tokyo Rainbow Pride 2012 at Shibuya shopping district in Tokyo. (Photo credit should read TORU YAMANAKA/AFP/GettyImages)
The verdict comes after a trans woman brought forward a case when she was unable to change her gender from the biologically assigned male to female in her family registry.
Participant march in the Tokyo Rainbow Pride parade on the streets of Tokyo, Japan (Photo by Alessandro Di Ciommo/NurPhoto via Getty Images)
The court ruled that the requirement “restricted her freedom not to harm herself against her will.”
Manifestants défilant à “la marche des fiertés” en soutien aux communautés, gays, lesbiennes, bisexuelles et transgenres (LGBT) à Tokyo le 23 avril 2023. (Photo via Getty Images)
The government must now follow up and amend the law, according to Human Rights Watch.
TOKYO, JAPAN – MAY 06: A couple prepares to take part in the Tokyo Rainbow Pride Parade on May 6, 2018 in Tokyo, Japan. The LGBT community and supporters marched down Shibuya and Harajuku areas on the final day of the Tokyo Rainbow Pride 2018 event. (Photo by Tomohiro Ohsumi/Getty Images)
However, the court did not rule on the requirement for transition surgery, instead sending it back to a lower court for further consideration.
Attendees take part in the Tokyo Rainbow Pride Parade on May 6, 2018 in Tokyo, Japan. (Photo by Tomohiro Ohsumi/Getty Images)Supporters of the lesbian, gay, bisexual and transgender community (LGBT) take part in the pride parade, a part of the Tokyo Rainbow Pride 2019 in Tokyo. (Photo via Getty Inmages)
