Japan’s failure to recognize same-sex marriage is ‘unconstitutional’

Japan’s failure to recognize same-sex marriage is ‘unconstitutional’

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This is the first time a court has ruled on the constitutionality of same-sex marriage in Japan, the only Group of Seven (G7) countries that has not recognized same-sex civil unions or same-sex marriage.

The case began in 2019 when three couples in Hokkaido prefecture filed a lawsuit in which each claimed 1 million yen (about $ 9,160), due to the psychological damage caused by the government not allowing same-sex marriage. .

Japan does not recognize same-sex unions nationwide, although some parts of the country issue ‘partnership certificates’ that grant some rights that favor heterosexual couples to married couples.

The district court in Sapporo, Hokkaido, on Wednesday ruled that the government’s lack of recognition for same-sex marriage is in violation of an article in the constitution that requires equal laws for all.

But the court rejected the couples’ claims for damages.

The three couples were among the numbers in Japan suing the government, claiming that current same-sex marriage laws violate their constitutional rights, and that they should have the same legal rights and privileges as heterosexual couples.

Wednesday’s ruling is the first ruling in the current affairs.

“Today’s ruling acknowledged that we really exist,” said a plaintiff under the pseudonym Takashi. “I want a society in which sexual minorities have hope and a choice in their future.”

Kanae Doi, director of Human Rights Watch (HRW) in Japan, said the ruling alone would not legalize same-sex marriage in the country; it will require a ruling in the Supreme Court, which could take several years.

Alternatively, the Japanese legislature, the Diet, could pass a law that legalizes same-sex marriage, although there is almost no appetite on the part of the ruling party to do so, she said.

But the ruling of a ‘landmark’ of Wednesday was still important because it was a step in legalizing same-sex marriage, she said.

Takeharu Kato, the plaintiffs’ lawyer, said he was also moved by the verdict. “I never expected the court to decide this clearly,” he told a news conference, adding that the plaintiffs were now considering taking the case to a higher court.

The law in Japan

Homosexuality has been legal in Japan since 1880, and the country is relatively liberal compared to some other Asian countries. Only one place in Asia has legalized same-sex marriage – Taiwan.
Two wards in Tokyo passed an ordinance in 2015 that allowed same-sex couples to obtain ‘partnership certificates’ giving them the same rights as married heterosexual couples. Since then, dozens of municipalities have adopted ordinances that are not officially recognized, but they do not offer the same legal rights as heterosexual marriages.
But activists believe that Japan’s LGBTQ community still has prejudices and that the country has not yet enacted a national anti-discrimination law that would protect LGBTQ people from discrimination. According to Doi, people were fired from their jobs because they were gay.
HRW, along with LGBTQ organizations, calls on Japan to pass an Equality Act ahead of the Tokyo 2021 Olympics.

“Japan is very, very backward in terms of legislation regarding LGBT people,” Doi of HRW said. “This important decision (Wednesday) will put pressure on those who oppose the LGBT equality law.”

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