Approving Gender Change without Surgery

It will pave the way in changing gender without any medical surgery. Tsuyama Branch of Okayama Family Court approved a person with gender identity disorder changing gender from woman to man, considering a decision of the Supreme Court last October, which determined provision of a law requiring surgery unconstitutional. The plaintiff commented on the decision that he was feeling like embarking on another life. 

It was the second lawsuit for Takaquito Usui, who had been born as a woman and wanted to be officially registered as a man. He argued that the provision of Gender Identity Disorder Special Act on requirement of surgery for disabling reproduction was unconstitutional, and the Supreme Court decided that the provision did not violate the constitution in 2019.

 

Usui has been diagnosed as having gender identity disorder and has not have a surgery for removing ovary. It was last October when the Supreme Court changed its decision. The court found in another case that the provision was unconstitutional. Usui filed again another lawsuit with the same argument as first one last December, encouraged by the decision by the Supreme Court two months before.

 

Gender Identity Disorder Special Act requires any gender change for abolition of reproductive capability and possession of genital which looks like that of the sex to have. Those requirements effectively demand medical surgery for any people who want to change gender, making the change fundamentally difficult.

 

In the decision for Usui, Tsuyama Branch of Okayama Family Court found that the surgery clause violates Article 13 of the Constitution of Japan, which guaranteed freedom of not suffering from any damage on body against intention. However, the court did not make decision on the constitutionality of the clause about appearance of genital, because it recognized that Usui would meet the requirement of the clause.

 

In the press conference, Usui welcomed the court decision as enabling his register as a man and marriage with his wife. “The court said that my gender is what I have been saying. I would say to someone in the same situation as me to live as they like,” said Usui, recognizing social change in Japan.

 

After the Supreme Court decided the surgery clause to be unconstitutional, the discussion of amending Gender Identity Disorder Act is ongoing in the Diet. The Okayama Family Court decided before the discussion in the Diet was concluded. Some conservative lawmakers are still reluctant to change the law, leaving the people suffering from gender disorder behind. The diet makes too slow progress to recognize the people who feels anxiety with social discrimination against the ones exercising gender free life.

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