Japan’s failure to recognize same-sex marriage is ‘unconstitutional’, court rulings

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

The case began in 2019, when three couples in Hokkaido prefecture filed a lawsuit claiming 1 million yen (about $ 9,160) in compensation for psychological harm caused by the government that does not allow same-sex marriage.

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

Hokkaido’s Sapporo District Court ruled on Wednesday that the government’s lack of recognition for same-sex marriage violates a section of the constitution that imposes equal laws for everyone.

But the court rejected the couples’ claims.

The three couples were in many countries in Japan suing the government, arguing that the current same-sex marriage law violates their constitutional rights and should be granted the same legal rights and privileges as heterosexual couples.

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

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

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

Alternatively, Japanese lawmaker Diet could pass a law legalizing same-sex marriage, although there is almost no appetite among the ruling party to do so, she said.

But Wednesday’s “landmark” ruling was still significant because it was a step toward legalizing same-sex marriage, she said.

Takeharu Kato, the applicants’ lawyer, stated that he was also moved by the verdict. “I never expected the court to make this clear,” he said at a news conference, adding that the plaintiffs are now considering taking the case to a higher court.

Law in Japan

Homosexuality has been legal in Japan since 1880, and the country is relatively free compared to other Asian nations. Only one place in Asia has legalized same-sex marriage – Taiwan.
Two sections in Tokyo passed an ordinance in 2015 that allowed same-sex couples to obtain “partnership certificates,” giving them some of the same rights as married heterosexual couples. Since then, dozens of municipalities have passed ordinances that unofficially recognize same-sex relationships, although they do not offer the same level of legal rights as heterosexual marriages.
But activists say the LGBTQ community in Japan is still facing prejudice and the country has not yet passed a national anti-discrimination law to protect LGBTQ people from discrimination. According to Doi, people were fired because they were gay.
HRW, along with LGBTQ organizations, called on Japan to adopt an equality act before the 2021 Tokyo Olympics.

“Japan is very, very backward in terms of LGBT legislation,” Doi told HRW. “This important decision (Wednesday) will put pressure on those who oppose the LGBT Equality Act.”

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