Legal Osaka High Court rejects binary-only limits in family registry system

[thomas]

The Osaka High Court ruled that limiting entries in Japan's family registry system to male or female categories violates the constitutional principle of equality under the law, according to sources familiar with the decision. The ruling on 8 May said the current koseki (戸籍) system should better reflect people who identify outside the traditional male-female framework, including nonbinary individuals and other members of the LGBTQ community.

The case involved a nonbinary person in their 50s who had petitioned to change the gender designation listed on their family register. The decision was issued during appeal proceedings. Even so, the court dismissed the appeal itself. The ruling reportedly said the family registration system functions as a core part of Japan's social infrastructure, and that any concrete redesign of the system should ultimately be handled through legislation in the Diet.

The petitioner, whose registered domicile is in Kyoto Prefecture, was registered as female at birth and was listed as "eldest daughter" in the section of the family register that denotes the relationship to their biological parents. They requested the entry be corrected to a gender-neutral designation such as "eldest child" or simply "child," pleading for the guarantee of "the right to be treated as neither male nor female."

The Osaka High Court referred to existing legislation, including Japan's law on legal gender changes and the LGBT Understanding Promotion Law, in explaining its position. The court said gender identity is closely tied to a person's dignity and sense of self, adding that legal recognition based on that identity should be regarded as an important legal interest.

High court rules against binary limits of family registry | The Asahi Shimbun: Breaking News, Japan News and Analysis