Japan Court Allows Trans Women to Change Gender Without Surgery

In a historic court ruling on July 10, the Hiroshima High Court in Japan ruled that a trans woman didn’t have to get surgery to be legally recognized as a woman.

This is a first in the country’s history, as previously, all trans people were required to get a gender dysphoria diagnosis as well as gender-affirming surgery before being able to legally change their gender. The plaintiff, a 40-year-old trans woman, was denied a legal gender change due to this law and her lack of gender-affirming bottom surgery. She argued that because this requirement placed intense physical and financial burdens on her and her gender expression, it was unconstitutional. After she heard the results of her case, her lawyer said she cried over the phone and said, “My wish since I was old enough to understand has finally come true. I am happy to be freed from the difficulties in life caused by the gender disparity.”

This ruling comes after the Japanese Supreme Court refused to rule on the surgery requirement in October when they ruled to get rid of the sterilization requirements for trans people. The case was then sent back for the High Court to handle. 

However, trans people still must undergo hormone therapy before being able to legally change their gender. The Japan Alliance for LGBT Legislation released a statement that said while they still have work to do to allow those who do not want to undergo hormone therapy to change their gender marker legally, the ruling is beneficial to trans rights in Japan as it “can open the door for transgender females to be able to legally change their gender without undergoing surgery.”

The plaintiff’s lawyer, Kazuyuki Minami, says, “The best outcome for the plaintiff is that a decision was made that allows her to live with peace of mind. This will advance the situation where hormone treatment will allow both female-to-male and male-to-female gender changes without surgery. A legislative solution that values ​​the protection of human rights must be found, including the fertility requirement that the Supreme Court ruled unconstitutional last fall.”