Japan’s failure to recognize same-sex marriage is “unconstitutional,” the court ruled

by

It is the first time that a court has ruled on the constitutionality of same-sex marriage in Japan, the only country in the Group of Seven (G7) that has neither recognized same-sex civil unions nor same-sex marriage.

The case began in 2019, when three couples in Hokkaido prefecture filed a lawsuit, each claiming 1 million yen (about $ 9,160) in damages for the psychological damage caused by the government that didn’t allow same-sex marriage.

Japan does not recognize same-sex unions throughout the country, although some parts of the country issue “certificates of partnership” that grant certain rights to heterosexual couples to same-sex couples.

The Sapporo court in Hokkaido ruled Wednesday that the government’s lack of recognition for same-sex marriage violated part of the constitution requiring equal laws for all.

But the court dismissed the couples’ claims for damages.

The three couples were among several across Japan to sue the government, arguing that the current same-sex marriage law violated their constitutional rights, and that they should be given the same legal rights and privileges as heterosexual couples.

Wednesday’s ruling is the first verdict in those pending cases.

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

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

Alternatively, Japan’s legislature, the Diet, could pass a law making same-sex marriage legal, although the ruling party has almost no desire to do so, she said.

But Wednesday’s “milestone” ruling was still important as it was a step toward legalizing same-sex marriage, she said.

Takeharu Kato, the prosecutors’ attorney, said he was also moved by the verdict. “I never expected the court to rule this clearly,” he said at a news conference, adding that plaintiffs are 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 Tokyo neighborhoods passed a regulation in 2015 that allowed same-sex couples to obtain “partnership certificates” that gave them some of the same rights as heterosexual married couples. Since then, dozens of municipalities have issued ordinances recognizing unofficial same-sex relationships, although they do not provide the same level of legal rights as heterosexual marriages.
But activists say Japan’s LGBTQ community is still struggling with prejudice and the country has not yet passed a national anti-discrimination law that would protect LGBTQ people from discrimination. According to Doi, people have been fired for being gay.
HRW, along with LGBTQ organizations, has called on Japan to pass an Equality Act ahead of the 2021 Tokyo Olympics.

“Japan is very, very backward in terms of legislation regarding LGBT people,” said HRW’s Doi. “This landmark decision (Wednesday) will put pressure on those who oppose the LGBT Equality Act.”

Source