Japan’s Special Act on Gender Identity Disorder has long outlined five conditions that individuals must meet in order to legally change their gender. Among these conditions are requirements related to reproductive capability and physical appearance.
In a landmark decision in 2023, the Japanese Supreme Court struck down the condition that mandated individuals to lack reproductive capability, declaring this requirement unconstitutional. This ruling marked a significant step forward in the recognition of transgender rights in Japan.
Continuing this progression, the Sapporo Family Court recently ruled against another stipulation known as the “appearance requirement.” This requirement demands that individuals undergo genital surgery or hormone treatment to alter their external appearance before legally changing their gender.
The court found that the appearance requirement lacks a rational connection to contemporary medical practices concerning gender identity disorder. It emphasized that such a mandate is therefore unconstitutional. Notably, the petitioner in this case was unable to pursue surgery or hormone therapy due to concerns over allergies and potential side effects.
This decision, issued on September 24th, marks the first time a court in Japan has declared the appearance requirement unconstitutional on a nationwide scale. The ruling is seen as a pivotal moment in advancing the rights and protections of transgender individuals across the country.
https://newsonjapan.com/article/147014.php