brent: joanna harper, we appreciate your time and your insights tonight. thank you. anna: you're welcome. brent: a court in japan has upheld a ban on same-sex marriage, saying it is constitutional. three same-sex couples had sued for compensation, saying their right to equality and for union had been violated. in a blow to lgbt rights, the court rejected their demands. reporter: anger and disappointment. for these same-sex couples in japan, who petitioned for their right to marry, the osaka district court's ruling has come as a shock. >> i think it is a terrible ruling. they ruled that it is constitutional that people are being discriminated against for their sexuality, something they cannot change. i am extremely furious and i am very disappointed. reporter: the court rejected the petitioner's claim that a ban on same-sex marriage is unconstitutional and against the right to equality. it admitted to the need for public and parliamentary debate on the rights of same-sex couples but stopped shy of taking a stand in favor of them. the ruling surprisingly ran counter to

. >> reporter: joanna harper has advised some of the leading sports bodies on policy por trans athletesolympic company. >> understand that any policy you create should be considered a living document. >> reporter: she's currently studying trans athletes and agrees while trans women do retain some advantages from male puberty, hormone therapy can make it possible for them to compete with cisgender women. >> any advantages that trans women have over ciswomen after hormone therapy are small enough that it's not the same thing as having women facing men. >> reporter: while the science on trans athletes is evolving, the debate continues raging. >> i choose to be public to help other trans people and to be able to show trans people that you don't have to pick between being your authentic self and doing what you love, that you can do both. >> i think lia's success is already saving lives, to put it as bluntly as possible. i've had messages in my inbook saying, can you tell lia my child feels safer because lia is in the world? they know they can be themselves because lia is herself. >> how do y

well, let's bring in joanna harper as she's a visiting fellow for transgender athletic research. i love free university in england. welcome to d, w to wanna, can we start with your reaction to this updated policy? does this amount to discrimination? well, any time young you see one or category a person differently from another, it is by definition discrimination but, but some forms of discrimination are allowed and even valuable. however, given that no chance woman has competed in international soon, and that the science of studying transgender athletes is in its infancy, i think this policy is not require. well, you were part of the committee that advised the international olympic committee who left this decision than to fina could swimming, have done better. so i wasn't actually part. i was part of the group that created the 2016 i o. c policy. i had no harm in the 2021 policy i so chose make that clear. but i do, i think that swimming could have created a better policy today. yes, i do think that had they allowed trans women to compete in swimming after testosterone suppressio

i've more now the spring in joanna harper, a visiting fellow for transgender athletic research at love bro university. in england, it's good to have you. were this to night, help us understand this, that this decision amounts to the fact of band for transgender athletes? do you think the decision is the right one east, not a decision that i would make if i were in charge. and i'm certainly disappointed. what would be, you know, whether it's not it's ultimately the right decision is, is some think for his feet aside. i guess buh no pants, woman, or can't man, has been, ah, competing at the international level, ah, in swimming. and in this policy, per se only pertains to international swimming. so, so there's nobody actually to ban. ah, because no one has competed. that the question is, will the national federations adopt that? and will this have a chilling effect at lower levels of swimming? what if i'm understanding you correctly, you're saying we're making this up as we go along and this is new, new territory. how optimistic are you that of athletes, trans athletes will be treated fai