Osaka District Court on Monday dismissed a lawsuit in which three same-sex couples are suing the government for compensation of 1 million yen (about $ 7,400) per person, arguing that the lack of recognition of same-sex marriages violated their constitutional right to equality.
But the court sided with the government and ruled that, according to the constitution, the definition of marriage did not extend to partnerships between people of the same gender, public broadcaster NHK reported.
The Osaka court ruling shattered the hopes of gay rights activists who are pressuring the government to reconsider its opposition to same-sex marriage.
The Osaka court ruling was in stark contrast to a historic Sapporo district court ruling in Hokkaido prefecture in northern Japan in March 2021.
On that occasion, the Sapporo court ruled that the fact that the government did not recognize same-sex marriage violated the constitutional right to equality, although it had also rejected a similar claim for damages.
Japan remains the only country in the Group of Seven (G7) that has not recognized either same-sex civil unions or same-sex marriage nationwide.
However, some parts of the country issue “couple certificates” that grant certain rights to same-sex couples, such as allowing them to rent property and have hospital visitation rights.
Same-sex marriages in Asia
Japan, where homosexuality has been legal since 1880, is relatively liberal compared to some Asian nations.
For example, gay sex is still illegal in Singapore despite growing calls to change the law of the colonial era.
The Supreme Court of India ruled in 2018 that gay sex was no longer a criminal offense. However, the country does not recognize same-sex marriages.
China also does not recognize same-sex marriage despite growing awareness of LGBTQ issues in the country. While there are no laws against same-sex relationships in China, it is still a taboo subject that is routinely scrutinized and even censored on social media.
However, some corners of Asia have seen recent progress on the issue.
In 2019, the self-governing island of Taiwan became the first place in Asia to legalize same-sex marriage.
And this month, Thailand came closer to becoming the first Southeast Asian country to legalize same-sex unions when lawmakers passed four different bills to provide more rights. to gay couples, such as the ability to adopt children and manage property together.