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A Japanese court ruled on Monday that a ban on same-sex marriage was unconstitutional, a setback for LGBTQ rights activists in the only nation in the Group of Seven that does not allow same-sex marriage.
The ruling breaks the hopes of activists to increase pressure on the central government to address the issue after a Sapporo city court in March 2021 ruled in favor of a statement that would not allow same-sex marriage. sex was unconstitutional.
Three same-sex couples – two men and a woman – had filed the case in an Osaka district court, the only second to be heard on the issue in Japan.
In addition to rejecting his claim that not being able to marry was unconstitutional, the court rejected his claim for 1 million yen ($ 7,400) in damages for each couple.
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“I’m really wondering if the legal system in this country really works,” said plaintiff Machi Sakata, who married her U.S. citizen partner in the United States. The two are expecting a baby in August.
“I think there’s a chance that this sentence would really corner us,” Sakata said.
Plaintiffs’ lawyers and supporters are holding rainbow flags and a banner saying “Unconstitutional Judgment” in Sapporo District Court following a court ruling in Sapporo, northern Japan, Wednesday, May 17. March 2021. The court ruled that the government banned same-sex people. marriage is unconstitutional, as it recognizes the rights of same-sex couples for the first time in the only country in the Group of Seven that does not recognize their legal partner. (Yohei Fukai / Kyodo News via AP) ((Yohei Fukai / Kyodo News via AP))
The Japanese Constitution defines marriage as based on “mutual consent of both sexes.” However, the introduction of same-sex marriage rights in Tokyo last week, along with increased support for opinion polls, had raised hopes for activists and lawyers for the Osaka case.
The Osaka court ruled that marriage was defined as only between opposing genders and that there had not been enough debate about same-sex marriage in Japanese society.
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“In this case we emphasized that we wanted same-sex couples to have access to the same things as regular couples,” said lawyer Akiyoshi Miwa, adding that they would appeal.
ECONOMIC IMPLICATIONS
Japanese law is considered relatively liberal in some areas by Asian standards, but across the continent, only Taiwan has legalized same-sex marriage.
Under current rules in Japan, members of same-sex couples cannot legally marry, cannot inherit other people’s property, such as a house they may have shared, and have no parental rights over the other’s children. .
A woman prepares for a wedding photo shoot under the ginkgo trees with fall colors outside Tokyo station on November 25, 2021. (Photo by Philip FONG / AFP) (Photo by PHILIP FONG / AFP via Getty Images (Photo by PHILIP FONG / AFP via Getty Images)
Although couple certificates issued by some municipalities help same-sex couples to rent property together and have hospital visitation rights, they do not grant them all the legal rights enjoyed by heterosexual couples.
Last week, the Tokyo prefectural government passed a bill to recognize same-sex partnership agreements, meaning local governments that cover more than half of Japan’s population now offer this. recognition.
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Although Prime Minister Fumio Kishida has said that the issue should be considered carefully, his ruling Liberal Democrat Party has not revealed any plans to revise the issue or propose legislation, although some senior members of the party favor the reform.
A case close to Tokyo will keep the public debate on the issue alive, especially in the capital, where a local government opinion poll late last year found that 70% of people were in favor of marriage between same-sex people.
Pride Parade Banners with Beautiful Rainbow Colors (iStock)
Legalizing same-sex marriage would have far-reaching implications, both socially and economically, activists say, and would help attract foreign companies to the world’s third-largest economy.
“International companies are reviewing their Asian strategy and LGBTQ inclusion is becoming an issue,” said Masa Yanagisawa, chief of services at Goldman Sachs and a board member of the Marriage for All Japan activist group. of the verdict.
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“International companies do not want to invest in a location that is not compatible with LGBTQ.”