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Japan's Supreme Court Declares Law Requiring Transgender People to Undergo Sterilization Unconstitutional

Court decision marks crucial step towards trans rights but keeps requirement for gender-affirmation surgery, leaving a door open for further debate and amendments.

  • Japan’s Supreme Court has ruled a law obliging transgender people to undergo sterilisation surgery to officially change their gender is 'cruel' and unconstitutional, according to a Reuters report.
  • However, the court’s 15-judge grand bench didn’t deliver a full legal victory for those wishing to change gender as it sent the case back to a lower court to deliberate the requirement for gender-affirmation surgery.
  • Several other conditions for official recognition of changed gender still remain, including being unmarried, not having children and being diagnosed with gender dysphoria.
  • The case was triggered by a transgender woman who wanted to challenge a refusal to list her as female without surgery.
  • The decision comes at a time when the rights of the LGBTQ+ community are rising in visibility in traditionally conservative Japan, which remains the only Group of Seven member that does not allow same-sex marriage or legal protections, including an effective anti-discrimination law.
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