Japan’s SC Rules Transgender Bathroom Restriction is Unlawful

The Supreme Court of Japan has recently delivered a ruling declaring the restriction on transgender women’s use of female bathrooms as unlawful.

This landmark decision overturns a previous Tokyo High Court ruling and signifies the high court’s first pronouncement on the issue of sexual minorities’ access to bathrooms.

A five-judge panel of the Supreme Court unanimously ruled in favor of the appellant, finding that the government’s restriction on bathroom usage was unjust and inappropriate.

The appellant, who has chosen to remain anonymous, still retains a male gender marker due to health reasons that prevent undergoing the required surgery. Under current Japanese law, transgender individuals can only change their gender markers on official records after completing gender reassignment surgery.

The case emerged when the Ministry of Economy, Trade and Industry compelled the appellant to use a bathroom on a different floor from her workplace because her colleagues expressed discomfort with her using the women’s bathroom on their floor. This discriminatory treatment persisted from 2010 – 2013, prompting the appellant to request the National Personnel Authority, under Article 86 of the National Public Service Act, to lift the bathroom restriction.

Her request was denied, leading her to file a lawsuit in 2015.

In 2019, a district court ruled in favor of the appellant. However, this decision was later overturned by the Tokyo High Court in 2021.

Ultimately, the Supreme Court overturned the 2021 ruling in their recent decision. The court emphasized that the appellant’s workplace should have not only considered the comfort of her co-workers but also recognized her right to live according to her gender identity. The court criticized the government for its lack of efforts in creating an inclusive society that respects diversity, including the appellant’s rights.

Toshimasa Yamashita, the appellant’s legal representative, expressed hope that the legislature would promptly draft new guidelines regarding bathroom usage by transgender individuals. Chief Cabinet Secretary Hirokazu Matsuno responded during a press conference, stating that the government is considering the next steps in response to the ruling.

Currently, Japan is the only G7 country without legal protections for the rights of sexual minorities. However, four local courts, including the Nagoya and Fukuoka District Courts, have recently deemed the lack of legal protection for same-sex marriage as unconstitutional.