In a groundbreaking ruling, a court in western Japan has granted a transgender man's request to have his gender changed in official records without the need for sterilization surgery. This marks the first known ruling of its kind since Japan's Supreme Court struck down the surgery requirement for gender record changes.
The Okayama Family Court's Tsuyama Branch has approved Tacaquito Usui's application to update the gender listed in his family registry to male. Usui initially applied for the revision five years ago but was rejected at the time. Now, with the court's decision in his favor, he expressed his excitement during a televised news conference, stating that it feels like the start of a new life.
The Supreme Court's ruling in October declared that a provision in a 20-year-old law, which made the removal of reproductive organs a prerequisite for legal recognition of gender changes, was unconstitutional. However, this ruling only addressed the sterilization aspect and did not consider the constitutionality of other required procedures.
The Okayama court concluded that the hormone therapy Usui had undergone made him eligible for gender affirmation. This recognition is a significant step forward for Usui and highlights the possibility of Japan's laws evolving faster than public awareness. Despite this positive development, many LGBTQ+ individuals still conceal their sexual orientation and gender identity due to fears of discrimination in workplaces and schools. It is worth noting that Japan remains the only Group of Seven member country that does not allow same-sex marriages.
Advocates for LGBTQ+ rights have long been fighting for greater protections and equal rights in Japan. However, societal change has been slow in a nation characterized by conformity and a conservative government that adheres to traditional values. Acceptance of gender, sexual, and family diversity has been met with resistance.
The law, addressed by the Supreme Court in its ruling, was introduced in 2004 and stipulated that individuals seeking a gender change registration must undergo sterilization surgery and have a body that resembles the genital organs of their identified gender. According to court documents from another case, more than 10,000 individuals in Japan have officially changed their genders since the law took effect.
Last year, a court in central Japan highlighted that sterilization surgery is not required in most European and central Asian countries that allow gender changes on official documents. This perspective sheds light on the need for Japan to consider alternative practices that do not infringe on individual rights and bodily autonomy.
While the ruling from the Okayama Family Court signifies progress, there is still a long way to go in terms of achieving full equality and inclusion for the LGBTQ+ community in Japan. Continued efforts by activists, allies, and policymakers are necessary to create an environment that respects and protects the rights of all individuals, regardless of their gender identity or sexual orientation. It is hoped that this landmark ruling will pave the way for further advancements in LGBTQ+ rights in Japan.
