TOKYO (AP) – A Japanese court ruled Wednesday that the government’s ban on same-sex marriages is unconstitutional, recognizing for the first time the rights of same-sex couples in the only Group of Seven country that does not recognize their legal partnership.
While the court rejected the plaintiffs’ claim for government compensation, the precedent is a big win for same-sex people and could have ramifications for similar lawsuits pending across the country.
The Sapporo court said sexuality, like race and gender, is not a matter of individual preference, and therefore prohibiting same-sex couples from receiving benefits for heterosexual couples cannot be justified.
Legal benefits derived from marriages should benefit both homosexuals and heterosexuals equally, (asterisk), the court said, according to a copy of the ruling summary.
Judge Tomoko Takebe said in the ruling that not allowing same-sex marriages is in violation of Article 14 of the Japanese Constitution, which prohibits discrimination “because of race, religion, gender, social status or family origin.”
Under 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.
The ruling does not imply an immediate change in government policy, but may affect decisions on other pending lawsuits and trigger calls for the government to change the law.
As awareness and support for LGBTQ people in Japan grows, discrimination continues. Same-sex couples cannot inherit their partner’s homes, property, and other assets, or have parental rights over children. More municipalities have issued “partnership regulations” to make it easier for same-sex couples to rent apartments, but these are not legally binding.
In a society where there is great pressure to conform, many gays hide their sexuality for fear of prejudice at home, at school or at work. Transgender people also have a hard time in a society where gender identity is very specific.
The movement for equal rights for LGBTQs has lagged because people who do not conform have been largely marginalized.
While Japan is the only G7 country to still refuse to legalize same-sex marriages, it’s not uncommon in the region. Taiwan is the only place in Asia where same-sex marriage has been legalized, with thousands of such couples getting married since the legislation was passed in May 2019.
Japan’s ruling Liberal Democratic Party has ultra-conservative, paternalistic views on family makeup, and its policies have stunted the advancement of women and the acceptance of sexual diversity. Regulatory legislators have been repeatedly criticized for making discriminatory comments against sexual minorities for “lack of productivity”.
The Sapporo District Court rejected the claim of six plaintiffs – two male couples and one woman – that the Japanese government pay 1 million yen ($ 9,100) each for the difficulties they faced because they could not legally marry.
But the Sapporo court ruling that the government’s ban was unconstitutional is seen as a major step forward for the plaintiffs and their supporters, setting a precedent for similar lawsuits and raising their hopes for a legal change.
“I hope this ruling is a first step for Japan to change,” said one of the women, who identified herself only as “Prosecutor No. 5”.
Four other lawsuits are pending in Tokyo, Osaka, Nagoya and Fukuoka.
Japan’s refusal to issue spouse visas to partners of same-sex couples legally married abroad has become a growing problem, forcing them to live temporarily separated.
The U.S. Chamber of Commerce in Japan last year urged Japan to legalize same-sex marriages, saying talented LGBTQ people would choose to work elsewhere, making the country less competitive internationally.