Surgery Requirement Held to be Unconstitutional
A Japanese family court has ruled that the country’s requirement that transgender people be surgically sterilized to change their legal gender is unconstitutional. The ruling is the first of its kind in Japan, and comes as the Supreme Court considers a separate case about the same issue.
In 2021, Gen Suzuki, a transgender man, filed a court request to have his legal gender recognized as male without undergoing sterilization surgery as prescribed by national law. This week the Shizuoka Family Court ruled in his favor, with the judge writing: “Surgery to remove the gonads has the serious and irreversible result of loss of reproductive function. I cannot help but question whether being forced to undergo such treatment lacks necessity or rationality, considering the level of social chaos it may cause and from a medical perspective.”
In Japan, transgender people who want to legally change their gender must appeal to a family court. Under the Gender Identity Disorder (GID) Special Cases Act, applicants must undergo a psychiatric evaluation and be surgically sterilized. They also must be single and without children younger than 18.
Momentum is growing in Japan to change the law, as legal, medical, and academic professionals are speaking out against it. United Nations experts and the World Professional Association for Transgender Health have both urged Japan to eliminate the law’s discriminatory elements and to treat trans people, as well as their families, the same as other citizens.
In 2019, Japan’s Supreme Court upheld a lower court ruling that stated the law did not violate Japan’s constitution. However, two of the justices recognized the need for reform. “The suffering that [transgender people] face in terms of gender is also of concern to society that is supposed to embrace diversity in gender identity,” they wrote. Earlier this year, the Supreme Court ruled in favor of a trans government employee using the restrooms in accordance with her gender identity. Her employer had barred her from using the women’s restrooms on her office floor because she had not undergone the surgical procedures and therefore had not changed her legal gender.
The current case before the grand chamber of the Supreme Court asks the justices to eliminate the outdated and abusive sterilization requirement.
link: https://www.hrw.org/news/2023/10/16/japan-court-rules-against-mandatory-transgender-sterilization
archive link: https://archive.ph/4IRKj
The trouble here assumes that the goal is the same for everyone which isn’t the case. People look at the risks of every single given surgery independently. Top surgery is pretty common because it’s low risk and goes a long way to changing the way one looks through their clothes everyday. Bottom surgery can be scary. It requires one to take months off work to heal and it has a higher chance of not working out and some people keep their pre-existing kit for other reasons. You could be discouraged by the choices of surgery available, you might have a partner you value more who quite frankly didn’t sign on when you got together for that big a change or it might just seem unnecessary to your individual needs.
Sterilization by removal of gonads is more often an elective by trans women because it cuts down on required daily medications to block testosterone production and less so on the docket for trans men because removal of both ovaries tends to have life shortening effects. Between the two horomones estrogen is the most nessisary for systainable long term health so if you aren’t already planning on taking estrogen medication it’s a bad idea to remove the organs that produce that horomone.
Also temporary detransition to have kids is a thing for trans men. Some folk don’t want to give up the option of having their own kids even if the pregnancy might be mental hell.
The important thing to realize is that transition is often an incredibly logical process where one’s individual values come into play and get weighed against the neurological programming beyond one’s control that effect one’s wellbeing. People generally don’t take medicine with side effects unless the problem to be solved is worse than the medicine.