Japan's top court on Tuesday ruled unanimously against the trade ministry's imposition of restrictions on the use of women's restrooms by a transgender official, marking the first judgment by the court on workplace environments for sexual minorities.
The Supreme Court's five-member Third Petty Bench, which overturned a lower court decision, also found the 2015 approval of the restrictions by the National Personnel Authority "illegal."
"We need to give serious thought about how to engage with minorities such as those with disabilities or gay people, and not in an abstract manner," the official in her 50s said during a press conference held after the ruling.
"The ruling was about transgender people, but I believe it can be applied to other cases concerning discrimination," she added.
The Ministry of Economy, Trade and Industry employee has been living as a woman after being diagnosed with gender dysphoria. She has only been permitted to use female restrooms located at least two floors above or below her office or any of the male facilities, according to the ruling.
She has not undergone sex reassignment surgery due to health reasons and has been undergoing hormone therapy for years, it said.
As for the personnel authority's past approval of the restrictions, the court said it "significantly lacked validity by excessively considering the official's colleagues and not taking into account her personal circumstances."
But Presiding Justice Yukihiko Imasaki also emphasized that the ruling does not pertain to the use of public restrooms, citing the need for a separate debate on this specific matter.
The ministry, in a statement, said it will examine the ruling and decide how to respond after discussions with relevant government offices.
In 2019, the Tokyo District Court ordered the government to pay damages after ruling the bathroom restrictions and a comment by the official's boss -- "Why don't you go back to being a man, already?" -- were illegal.
In 2021, the Tokyo High Court recognized the legal interest of individuals to live in accordance with their gender identity, yet it determined that the imposed limitations on restroom use were lawful and meant to "create an appropriate workplace environment for everyone by considering the sexual concerns of other employees."
Following the Supreme Court decision, a female official from the trade ministry expressed her belief that there should be no restrictions from a human rights perspective.
But she also said it is a matter "that should be judged according to individual circumstances and cannot be generalized."
The ruling comes less than a month after Japan enacted legislation to promote understanding of sexual minorities following intense debate between the ruling and opposition parties.
The country previously had no law prohibiting discrimination against LGBT individuals. It still does not legally recognize same-sex marriages or civil unions, a situation that some courts have recently ruled to be "in a state of unconstitutionality."
Japan also currently requires sex reassignment surgery to change one's legal gender, alongside other conditions, including being unmarried and having no reproductive capabilities.
Tuesday's ruling revealed the ministry's "lack of imagination about how difficult it is for minorities to raise their voices within an organization," said Yuko Higashi, professor of gender studies at Osaka Metropolitan University, adding that it could affect companies and schools when it comes to toilet use by transgender people.
Maki Muraki, head of a nonprofit organization supporting sexual minorities, said restricting transgender people from using the restroom based on their gender identity was an "issue about dignity and created a wall against social participation."
The ruling "treated the rights of sexual minorities similarly to the majority," Muraki said.
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