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Supreme Court decision is not only stupid, it's unanimously stupid!
Japanese court: Transgender civil employee can use bathroom
of her choice
By Patrick Hilsman
July 11 (UPI) -- The Supreme Court of Japan ruled unanimously on Tuesday that a transgender woman who works for the government can use the bathroom of her choice.
The ruling stemmed from a complaint lodged by a transgender woman working at the Japanese Ministry of Economy, Trade and Industry.
The plaintiff in the case was diagnosed with gender dysphoria in 1999 after she already had started working at the ministry.
The ministry, with the support of the National Personnel Authority, only allowed the plaintiff to use women's restrooms on other floors or the men's restroom on her floor. The National Personnel Authority is a Japanese administrative agency for civil servants.
The Tokyo District Court found the government liable in 2019 for denying the woman access to the bathroom of her choice and for a comment made by her boss, who said, "Why don't you go back to being a man, already?"
In 2021, Tokyo's High Court ruled that the regulations were legal in order to "create an appropriate workplace environment for everyone by considering the sexual concerns of other employees."
On Tuesday, the Supreme Court ruled that the National Personnel Authority's restrictions on the transgender woman were "illegal."
The decision is likely to serve as a precedent for future cases involving workplace equality and LGBTQ+ rights in Japan.
Judge Yukihinko Imasaki said the government's restriction of the plaintiff's bathroom use "significantly lacked validity by excessively considering the official's colleagues and not taking into account her personal circumstances."
"Therefore, it is illegal, since it is beyond their discretion and is an abuse of their power," Imasaki continued.
Imasaki said the ruling would not apply to public bathrooms, an issue which would require a separate examination.
"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 plaintiff said.
"The ruling was about transgender people, but I believe it can be applied to other cases concerning discrimination," she continued.
"I am satisfied with the judge's positive opinions," the plaintiff said.
But, you may be the only one who is.
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