Japan Top Court Finds Surgery Requirement for Gender Change Constitutional


Tokyo, Jan. 24 (Jiji Press)--Japan's Supreme Court has ruled as constitutional a provision in the special law on gender identity disorder that requires those wanting to change their gender on the family register to undergo sex reassignment surgery.

The judgment, dated Wednesday, was the first such judgment made by the top court on the provision.

The court dismissed a special appeal by Takakito Usui, 45, from Shinjo, Okayama Prefecture, western Japan, against lower court rulings that denied a request to change Usui's gender on the family register from female to male. Usui claimed that the provision goes against the constitution that calls for respect for the individual.

All four judges at the top court's Second Petty Bench agreed on the provision's constitutionality.

But presiding judge Mamoru Miura and judge Kaoru Onimaru said, in their supplementary opinion, "Based on social changes and other factors, it's undeniable that there is suspicion of unconstitutionality."

[Copyright The Jiji Press, Ltd.]

Jiji Press