TOKYO – A Japanese court ruled on Wednesday that it is not unconstitutional to allow same-sex couples to marry, setting a precedent in the only G7 country that does not recognize same-sex community.
The ruling by a district court, the first in Japan on the legality of same-sex marriage, is an important symbolic victory in a country where marriage is still defined as’ based on ‘the mutual consent of both sexes’.
After the verdict, plaintiffs and supporters unfolded rainbow flags and banners in front of the court.
Although a new law will be needed before same-sex marriage can actually take place – which could take some time in socially conservative Japan – the plaintiffs’ lawyers called the decision ‘revolutionary’, while LGBT activists called it life-changing. regard.
“Its value is absolutely immeasurable,” said Gon Matsunaka, 44, director of the Marriage for All Japan activist group and a representative of Pride House Tokyo.
“Until the verdict was announced, we did not know this was what we would get, and I was just happy.”
While Japanese law is considered relatively liberal by Asian standards, social attitudes have kept the LGBT community largely invisible in the world’s third largest economy. In 2019, Taiwan became the first country in Asia to legalize same-sex marriage.
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Under the current rules in Japan, same-sex couples are not allowed to marry legally, they cannot inherit their partner’s assets, such as the house they may have shared, and they have no parental rights over their partner’s children. .
Although partnership certificates issued by individual municipalities help couples to rent a place together and have hospital visitation rights, they still do not grant the same full legal rights that heterosexual couples enjoy.
“Sexual orientation cannot be changed or chosen by a person’s will,” the verdict reads. “It’s discriminatory treatment … that they can not even receive the legal benefits that heterosexuals offer.”
The Sapporo District Court recognized the claim for damages from six plaintiffs – two married men and one of the women – who demanded that the Japanese government pay 1 million yen ($ 9,168.42) each because of the pain. who suffered because they were incapable. to marry legally.
But Takeharu Kato, the plaintiffs’ lawyer, described the verdict as “revolutionary”, while urging parliament to quickly start working on a law to make same-sex marriage possible.
“We commend this ruling because they have seriously appealed to the plaintiffs,” the lawyer said at a news conference.
Similar cases are currently being heard in four other courts in Japan and this ruling could indirectly affect the outcome of the cases by changing the opinion.
“Only because the gender of the person we love is different, we can not marry. We live the same lives as heterosexuals, have the same problems and the same joys,” said one of the plaintiffs, a woman known only stands as “E.”
“Even though our lives are exactly the same, the nation will not recognize them.”
While homosexual sex has been legal in Japan since 1880, social stigma means that many have not even reached out to their families. The Japanese ruling also comes days after the Vatican said priests could not bless same-sex unions.
Some in the business world say Japanese rules not to allow same-sex marriage harm the country’s competitive advantage by making it difficult for companies, especially foreign companies, to attract and maintain highly skilled labor in an increasingly international economy. .
Tokyo residents also welcomed the ruling, saying it was time for things to change.
“Japan has always been conservative, but these days things are getting more open,” said 60-year-old dentist Kyoko Enomoto. “I think it will open up a lot more in the future.”