TOKYO - A local family court in central Japan has ruled in a case involving a transgender man that the requirement of surgery to remove reproductive functions for gender registry changes is unconstitutional.
A lawyer for the person says this is the first court ruling in the country that finds the surgery requirement unconstitutional.
Under current law in Japan, gender on a family register can be changed only if certain conditions are met, including undergoing the surgery. Family courts will then judge whether the requirements are met.
Suzuki Gen filed a petition with a family court in Hamamatsu City demanding that gender change be allowed without surgery. The 48-year-old is registered as female but goes about daily life as a man.
Suzuki argued that the law provision is a human rights violation and unconstitutional as it effectively forces transgender people to undergo the surgery. He asked for legal recognition as a man without surgery.
On Wednesday, Presiding Judge Sekiguchi Takehiro said that the provision violates the Constitution and is invalid, allowing the petitioner's gender on the family registry to be changed from female to male.
Japan's Supreme Court ruled in 2019 that the provision requiring the surgery does not violate the Constitution, saying that a possible birth of a child with retained reproduction ability could bring confusion to society.
But two of four judges stated at that time that the provision could be a violation of the Constitution.
The Supreme Court has been examining a case over the surgery requirement filed by another transgender individual at its 15-member Grand Bench since September.
