Yubara Onsen, located in a famous hot-springs area, is a 24-hr outdoor hot-spring bath located in the riverbed of the Asahi River in Okayama Prefecture, Japan. (Photo: okayama-japan.jp)
The mainstream media called it a ground-breaking decision when Japan's Supreme Court ruled that individuals have a right to change their registered gender without sex change surgery. The court ruled that a law stipulating surgical procedures for official gender change was "unconstitutional."
The unanimous verdict from 15 justices in the top court's Grand Bench represents a significant departure from a 2019 ruling that upheld the requirement of sterilization for gender change.
The court in its judgment argued that the existing law placed individuals in an untenable position, compelling them to choose between surgical interventions and abandoning their gender transition plans.
The verdict potentially allows transgender individuals to officially change their gender without undergoing reproductive surgery.
The Supreme Court acknowledged that the sterilization requirement encroached on Article 13 of the Constitution, which protects individuals from invasive actions against their bodies without consent.
While Japan's legal position may now align with international norms, it's important to recognize that customs and traditions can vary significantly from one nation to another.
Therefore, the assertion that Japan lags in this type of legislation lacks a solid foundation.
It's essential to appreciate that legal and cultural contexts differ widely around the world, making direct comparisons challenging.
Japan's approach to this matter should be rooted in its unique cultural heritage, and aligning its practices with global norms may not always be the best path forward.
Do places like France and England or the US have thousands of hot springs and public baths where people of two genders access naked every day? Are the onsen (hot springs) in the West a staple of their culture? The answer is no.
Japan has over 3,400 public baths and over 3,000 hot springs, and to put this in perspective, Italy which is also known historically for its hot spring culture has a mere 380 centers.
It requires little contemplation to discern the imminent challenges that lie on the horizon.
In the Japanese culture hot springs are associated with gender-specific facilities, rooted in historical customs and traditions. Adhering to these norms is seen as a way to respect cultural heritage and the values of those who use these spaces.
What this ruling is potentially allowing is the entrance of adult individuals with male organs into hot springs where women and children are undressed.
Hot springs, traditionally regarded as places of relaxation and tranquility, are spaces where people feel comfortable and free from judgment. The presence of adults with male organs will intrude upon this sense of privacy, making women and children feel exposed and vulnerable.
Allowing adult males who identify as female into spaces where women and children are unclothed may also lead to safety concerns. There is a serious potential risk of misconduct or inappropriate behavior.
Without resorting to stereotypes, it's evident that concerns have emerged about the possibility of individuals exploiting the situation for voyeuristic pleasures or misusing technology to surreptitiously capture images without consent.
It's a disconcerting reality that scarcely a week passes without reports of individuals being apprehended for clandestinely planting cameras in various public spaces such as middle school restrooms, public toilets, buses, and trains.
This is compounded by instances where individuals have masqueraded as women to gain unauthorized access to women's facilities.
Maintaining gender-segregated hot springs can help protect against such invasions of privacy.
Hot springs frequently serve as family-friendly retreats, where parents can create lasting memories with their children, fostering a tranquil and enjoyable experience. However, the prospect of permitting adult males to access gender-segregated spaces could have unintended consequences.
This change may dissuade families from choosing these venues for their leisure and relaxation, potentially causing a disturbance in the peaceful and family-oriented ambiance that these locations traditionally strive to offer.
It’s worrying that this court decision could potentially have adverse consequences for families and, inadvertently, reward all sorts of sex offenders.
While critics may argue that this isn't the explicit content of the court's ruling, history has shown that with the gradual expansion of individual rights, broader implications often emerge.
The trajectory of "transgender rights" has seen a gradual evolution, and the logical progression suggests that the question of access to gender-segregated spaces, like women's hot springs, will likely surface.
*The views expressed in this article are those of the author and do not necessarily reflect the official editorial position of UCA News.
