Japan takes major step to officially recognise non-binary identities

"The Osaka High Court ruled on 8 May that the country's family registration system, the koseki, a mandatory national record-keeping system tracking births, deaths and marriages, violates Japan's constitutional equality protections by only offering "male" and "female" as gender options."

"While the court stopped short of granting the individual request immediately, it ruled that the absence of a nonbinary gender marker option should be reconsidered at a national level and that if such an option is introduced, the petitioner's case should be revisited."

"The court went further, stating that gender identity is "directly linked to an individual's personal existence, making it a significant legal good.""

"Attorney Shun Nakaoka, who has worked on non-binary recognition cases in Japan, called it "a huge step toward legal recognition," noting that until now "the existence of nonbinary gender has been legally unrecognised" in Japanese law."

Osaka High Court ruled on 8 May that Japan’s koseki family registration system violates constitutional equality protections because it provides only “male” and “female” gender options. A non-binary resident of Kyoto Prefecture sought to change their koseki designation from “eldest daughter” to a gender-neutral term. The court did not immediately grant the requested change, but it ordered national reconsideration of the lack of a nonbinary marker. If a nonbinary option is introduced, the petitioner’s case should be revisited. The court stated that gender identity is directly linked to personal existence and is a significant legal good. The ruling creates a constitutional precedent that could support nationwide reform.

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