TOKYO (AP) – A Japanese court on Wednesday ruled that same-sex marriage is unconstitutional and that the rights of married couples are recognized for the first time in the only Group of Seven countries that does not recognize their legal partnership.
Although the court rejects the claim of compensation for the government, the precedent is a great victory for people of the same sex and could affect similar lawsuits in the country.
The Sapporo District Court said sexuality, such as race and gender, is not a matter of individual preference. Therefore, same-sex couples are not allowed to receive benefits given to heterosexual couples.
“The legal benefits arising from marriages must benefit both homosexual and heterosexual people,” the court said according to a copy of the ruling.
According to Japanese law, marriage must be based on ‘the mutual consent of both sexes’, which is currently interpreted as a marriage between a man and a woman.
As awareness and support for LGBTQ people in Japan increases, discrimination continues. Same-sex couples may not inherit the houses, property and other assets of their spouse or have parental rights over children. More municipalities have introduced ‘partnership’ ordinances to allow same-sex couples to rent flats more easily, but this is not legally binding.
In a society where the pressure for conformity is strong, many gay people hide their sexuality, for fear of prejudice at home, at school or at work. Transgender people also have problems in a society where gender identity is very specific.
The movement for LGBTQ equal rights has lagged behind because people who do not comply with it are largely marginalized.
The Sapporo District Court rejected the claim of six plaintiffs – two male couples and one woman – that the Japanese government should pay 1 million yen ($ 9,100) each, for the problems they had in not being able to marry legally.
But the Sapporo court’s ruling that the government’s ban was unconstitutional is seen as a major victory for the plaintiffs and their supporters, setting a precedent for similar court cases and raising their hopes for a change of law.
Four other lawsuits have been filed in Tokyo, Osaka, Nagoya and Fukuoka.
Japan’s refusal to issue spousal visas to partners of married couples legally married abroad is a growing problem, forcing them to live separately temporarily.
The U.S. Chamber of Commerce in Japan last year called on Japan to legalize same-sex marriage and said talented LGBT people would prefer to work elsewhere, making the country less competitive internationally.