Historic Japan court ruling allows trans woman to change gender without surgery

The Japanese Hiroshima High Court ruled last Tuesday that a transgender woman doesn’t have to get gender-affirming surgery to be legally recognized as a woman, marking a first in the country’s history.

The plaintiff’s lawyer, Kazuyuki Minami, said she cried with relief over the phone at the results. “My wish since I was old enough to understand has finally come true. I am happy to be freed from the difficulties in life caused by the gender disparity,” the trans woman said through Minami.

Related:

Japan’s Supreme Court strikes down sterilization requirement for trans people

The 2003 Japanese law mandates the absence of reproductive organs in order to change one’s gender on official documents.

Previously, Japan required trans people to get both a gender dysphoria diagnosis and gender-affirming surgery before being allowed to legally change their gender. Under the law, the Act on Special Cases for the Treatment of Gender for Persons with Gender Identity Disorder, the plaintiff, a 40-year-old trans woman from western Japan, was denied a legal gender change due to her not having gender-affirming bottom surgery.

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However, she argued in court that this requirement is unconstitutional because it places intense physical and financial burdens on her.

The ruling came after the Japanese Supreme Court struck down sterilization requirements for trans people who chose to transition last October. However, that ruling refused to rule on the gender-affirming surgery requirement, sending the ruling back to the High Court to handle.

The trans woman said at the time, “While it is very regrettable that [my] gender change was not approved by the Grand Chamber of Justice and that the case has been postponed, I am glad that the outcome of this case will lead to a positive direction.”

There is still a requirement for trans people to undergo hormone therapy before legally changing their gender, however.

Japan Alliance for LGBT Legislation said in a statement that the ruling “can open the door for transgender females to be able to legally change their gender without undergoing surgery.”

Minami said in a statement, “The best outcome for the plaintiff is that a decision was made that allows her to live with peace of mind. This will advance the situation where hormone treatment will allow both female-to-male and male-to-female gender changes without surgery. A legislative solution that values ​​the protection of human rights must be found, including the fertility requirement that the Supreme Court ruled unconstitutional last fall.”

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