The Supreme Court of Japan delivered a significant ruling on Tuesday, declaring the restrictions placed on a transgender woman’s use of toilets in her workplace as “unacceptable.” This decision holds the potential to advance LGBT rights within the nation, which is the only G7 country without legal protection for same-sex unions. The landmark ruling represents the first instance where Japan’s highest court has addressed the work environment for LGBT individuals, coming after a series of predominantly positive regional court decisions regarding same-sex marriage and the implementation of a law to foster understanding of the LGBT community.
The lawsuit was filed by an individual assigned male at birth, who works at the economy ministry. She challenged the policy that mandated her to utilize women’s toilets located several floors away from her office, rather than closer facilities. In 2019, the Tokyo District Court declared these restrictions as unlawful. However, the Tokyo High Court reversed the decision in 2021. It is worth noting that under current Japanese law, transgender individuals can only officially change their gender on their family register if they undergo gender reassignment surgery. Due to health reasons, the woman involved in the court case was unable to fulfill this requirement.
Over the past two years, there have been five local court cases related to same-sex marriage in Japan. Four of these cases concluded with the ruling that not permitting same-sex marriage was either unconstitutional or approached unconstitutionality. Conversely, one court maintained that the prohibition aligned with the constitution. In an effort to foster understanding of the LGBT community, Japan recently enacted a law on June 16. However, critics argue that the law lacks sufficient human rights guarantees, although some lawmakers consider it excessively permissive.
The passage of the law, despite being diluted due to pressure from conservative lawmakers, incited a backlash against transgender individuals. In response, a group of lawmakers formed to ensure the safety of women in toilets, public baths, and hot springs. The verdict by Japan’s Supreme Court will likely have a significant impact on shaping the discourse surrounding transgender rights and equality in the country.