Japan Family System Excluding Nonbinary Entry Not Constitutional

Osaka, May 12 (Jiji Press)--Japan’s family register system, which only allows male and female designations in its gender entry, infringes upon Article 14 of the Constitution, Osaka High Court has said.

Gender identity is “directly linked to an individual’s personal existence, making it significant legal good,” the court said in its judgment, dated Friday, on a case filed by a nonbinary person in the 50s registered as female.

Meanwhile, Presiding Judge Masahiro Oshima upheld the first-instance decision by Kyoto Family Court that rejected the person’s request to change the description of “first daughter” in the register, saying that the family register system needs to be uniformly operated nationwide.

The high court said that the current situation in which family register system rules do not allow entry of nonbinary gender goes against the basic principle of the law promoting public understanding of the diversity of sexual orientation and gender identity.

The situation “violates the spirit of Article 14, Paragraph 1 of the Constitution, which sets out the principle of equality,” and needs to be improved, the court also stated.

[Copyright The Jiji Press, Ltd.]