TOKYO (AP) – A Japanese court ruled on Wednesday that the government’s ban on same-sex marriage is unconstitutional, recognizing 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 partnership.
Even if the court rejected the plaintiffs’ claim for government damages, the precedent is a major victory for same-sex people and could affect similar lawsuits pending across the country.
The Sapporo District Court has ruled that sexuality, like race and sex, is not a matter of individual preference, so prohibiting same-sex couples from receiving benefits for heterosexual couples cannot be justified.
“The legal benefits deriving from marriages should benefit both homosexuals and heterosexuals alike, (asterisk), the court said, according to a copy of the summary of the judgment.
Under Japanese law, marriage should be based on “mutual consent of both sexes”, which is currently interpreted as allowing marriage only between a man and a woman.
While awareness and support for LGBTQ people is growing in Japan, discrimination persists. Same-sex couples cannot inherit their partner’s homes, property and other property or have parental rights over their children. Several municipalities have adopted “partnership” ordinances, so that same-sex couples can rent apartments more easily, but they are not legally binding.
In a society where the pressure for compliance is strong, many homosexuals hide their sexuality, fearing prejudice at home, at school, or at work. Transgender people also have difficulties in a society where gender identity is very specific.
The LGBTQ equal rights movement remained, as people who did not comply were largely marginalized.
Sapporo District Court rejected the claim of six plaintiffs – two men and a woman – for the Japanese government to each pay one million yen ($ 9,100) each for the difficulties they had suffered due to the impossibility of marriage. legal.
But the Sapporo ruling that the government’s ban is unconstitutional is seen as a major victory for the plaintiffs and their supporters, setting a precedent for similar lawsuits and raising hopes for a legal change.
Four other lawsuits are pending in Tokyo, Osaka, Nagoya and Fukuoka.
Japan’s refusal to issue spousal visas to partners of same-sex couples legally married abroad has been a growing problem, forcing them to live separately separately.
The US Chamber of Commerce in Japan last year urged Japan to legalize same-sex marriage, saying talented LGBTQ people will choose to work elsewhere, making the country less internationally competitive.