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Osaka High Court Says Japan’s Binary-Only Family Register Violates Equality Clause

The ruling signals pressure on lawmakers to add a nonbinary option through a nationwide update.

Overview

  • The Osaka High Court, in a ruling issued Friday, said the koseki, Japan’s mandatory family register, violates equality when it allows only male or female entries.
  • Presiding Judge Masahiro Oshima upheld a Kyoto Family Court decision that denied a nonbinary resident’s bid to change the label “first daughter” to a neutral term.
  • The court called the koseki “basic social infrastructure” and said any fix should come through legislation by the National Diet rather than case-by-case court orders.
  • Judges recognized gender identity as closely tied to a person’s existence and said a nonbinary option for the national registry should be reconsidered.
  • Attorney Shun Nakaoka called the finding a major step toward legal recognition, though nonbinary people still cannot change their entries until Parliament or future rulings create a uniform path.