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A Japanese court ruled that the absence of a non-binary gender marker constitutes discrimination

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a collage featuring the Japanese and non-binary flags, court symbols, and cherry blossoms

Japan has taken an important step toward the legal recognition of non-binary people.

The Osaka High Court ruled that Japan's family registration system—koseki—violates the constitutional principle of equality because it allows only "male" or "female" to be listed as gender.

The case was initiated by a non-binary person from Kyoto Prefecture, who requested that the entry “eldest daughter” be changed to a gender-neutral formulation. Although the court has not yet ordered changes to be made directly to the petitioner’s documents, it acknowledged that the absence of a non-binary gender marker must be addressed at the national level.

In its ruling, the court also emphasized that gender identity is directly linked to a person’s identity and is an important legal value.

Human rights advocates are already calling this a historic decision, since until now, Japanese law had effectively not recognized the existence of non-binary people.

This decision does not yet automatically change the system, but it sets an important legal precedent that could mark the beginning of sweeping changes in Japan.

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