LGBTQ rights: The aftermath of Japan ruling the sterilization requirement unconstitutional

In recent years, Japan has questioned the legitimacy of the sterilization process one goes through to switch genders. For over 20 years, everyone who wanted to change their gender had to go through surgery. Those who changed gender needed to have organs that represented the opposite sex and not be able to reproduce. These rules were put in place to give representation and advocacy to the trans community. Some people in Japan wanted to change their gender but they didn’t want to go through with the task of genital mutilation. Some have tried to challenge the court on this matter but very few have succeeded. Now, one woman who chose to fight against having a vasectomy won in court.

One of the arguments that the woman made in court is that hormone therapy throughout the past several years had impacted her ability to reproduce. The family court and high court did not accept her case. Eventually, the Supreme Court accepted her arguments, making sterilization a violation of the Constitution. In terms of the benefits, this new ruling acts as progress to ensure that any transgender individual can maintain their reproductive abilities. Many international organizations, such as the European Court of Human Rights and the United Nations, will view this ruling as a step in the right direction. However, that doesn’t mean the law has completely changed.

The court did not change the provision that requires the person to have genitals of the opposite sex. Many still find this flaw in their reaction to the court’s decision. Some would argue that if the court truly cared about the issue regarding sterilization, then it would have changed the law entirely. Others who are opposed to the law change would say that it would make women feel unsafe and create legal confusion. No matter where one stands with their opinion, the question that surrounds sterilization and whether it is an essential requirement still comes up in Japan. Some people argue that one does not truly become the opposite gender until they swap the genitalia.

The issue around whether sterilization is necessary in Japan should be discussed by those who take these matters seriously. If a discussion doesn’t open in Japan’s LGBTQ community, then there is very little progress that can be made within the coming weeks. People might rehash these old conservative mindsets that discriminate against the transgender community regardless of whether one went through surgery by a licensed professional.

For more information, check out this video from the BBC about citizens from Japan who identify as transgender without the surgery. Also, be sure to check the CNN article explaining the court’s decision.

Article

https://www.cnn.com/2023/10/26/asia/japan-transgender-sterilization-ruling-lgbtq-intl-hnk/index.html