TOKYO — Japan’s Supreme Court ruled Tuesday that restricting the use of toilets by a transgender woman in her workplace was “unacceptable,” a decision that may help advance LGBT rights in the only LGBT nation. Seven without legal protection for same-sex unions.
The ruling, the first by Japan’s highest court on the working environment for LGBT people, follows a series of mostly positive regional court rulings on same-sex marriage and the passage of a law to promote understanding of the LGBT community.
An Economy Ministry official who was assigned a boy at birth filed a lawsuit because she was only allowed to use women’s toilets several floors away from her office, rather than the closest ones. A Tokyo District Court ruled in 2019 that these restrictions were illegal, but the decision was reversed in 2021 by the Tokyo High Court.
In Japan, transgender people can only legally change their gender in their family registry if they have undergone gender reassignment surgery. The woman in the court case was unable to do so for health reasons, the media said.
“We will carefully examine the ruling and take appropriate action after consulting with the relevant ministries and agencies,” the ministry said in a statement, adding that it will continue to make efforts to respect the diversity of its staff.
In five local court cases on same-sex marriage in Japan in the past two years, most recently a month ago, four courts ruled that not allowing it was unconstitutional or near unconstitutional. One said not allowing it was in line with the constitution.
On June 16, Japan enacted a law aimed at promoting understanding of the LGBT community that critics say offers no human rights guarantees, though some lawmakers said it was too permissive.
Although the law was watered down before passing due to demands from conservative lawmakers, it still sparked backlash against transgender people. Some legislators formed a group to ensure the safety of women in public toilets and baths or hot springs.
