Japan: Top Court Finds Sterilization Rule for Gender Change Unconstitutional

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The Facts

  • Japan's Supreme Court has ruled a clause requiring people to undergo sterilization if they desire to legally change their gender unconstitutional.

  • The ruling applies only to the portion of a law, which took effect in 2004, that relates to sterilization. It doesn't address the constitutionality of requiring surgery itself to legally change one's gender.


The Spin

Progressive narrative

While this landmark verdict is a start, requiring any kind of expensive or invasive surgeries for a legal change of gender should be rendered unconstitutional. There is a lot of work left to be done to protect LGBTQ+ rights in Japan.

Conservative narrative

Traditional, paternalistic family values are important in Japan, and requiring some level of surgery to ensure people's certainty in gender transitioning protects traditional elements of the nation's culture. Moreover, allowing those born with male reproductive organs to transition to the female gender without surgery could endanger the safety of women's spaces.


Political split

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RIGHT

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