A Japanese court ruled on Wednesday that the government’s ban on same-sex marriages 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.
Although the court rejected the plaintiffs’ demand for government compensation, the precedent is a major victory for people of the same sex and could affect similar lawsuits pending across the country.
The Sapporo District Court said that sexuality, such as race and gender, is not a matter of individual preference, so prohibiting same-sex couples from receiving benefits granted to heterosexual couples cannot be justified.
“The legal benefits arising from marriages should benefit both homosexuals and heterosexuals, (asterisk) said the court, according to a copy of the summary of the decision.
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The plaintiffs’ lawyers and supporters hold rainbow flags and a banner that says “Unconstitutional sentence” outside the Sapporo District Court after a court decision in Sapporo, northern Japan, Wednesday, March 17, 2021 The court decided to ban the government of people of the 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. (Yohei Fukai / Kyodo News via AP)
Judge Tomoko Takebe said in the decision that not allowing same-sex marriage violates Article 14 of the Japanese constitution, which prohibits discrimination “because of race, creed, sex, social status or family origin”.
Under Japanese law, marriage must be based on “mutual consent of both sexes”, which is currently interpreted as allowing marriage between only one man and one woman.
The decision does not mean an immediate change in government policy, but it can influence decisions about other pending lawsuits and ask the government to change the law.
Although awareness and support for LGBTQ people is increasing in Japan, discrimination persists. Same-sex couples cannot inherit their partner’s homes, properties and other assets, nor can they have parental rights over their children. More municipalities have enacted “partnership” decrees so that same-sex couples can rent apartments more easily, but they are not legally binding.
In a society where pressure for compliance is strong, many gay men hide their sexuality, fearing prejudice at home, at school or at work. Transgender people also struggle with a society where gender identity is highly specific.
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The LGBTQ equal rights movement has lagged behind because people who do not conform have been largely marginalized.
Although Japan is the only G7 country that still refuses to legalize same-sex marriages, this is not uncommon in the region. Taiwan is the only place in Asia that has legalized same-sex marriage, with thousands of these couples marrying since legislation passed in May 2019.
The ruling Liberal Democratic Party of Japan maintains ultraconservative and paternalistic views on the composition of the family and its policies have hindered the advancement of women and the acceptance of sexual diversity. Governing lawmakers have repeatedly been criticized for making discriminatory comments against sexual minorities for “lack of productivity”.
The Sapporo District Court rejected the requirement of six plaintiffs – two male couples and one female couple – that the Japanese government pay 1 million yen (US $ 9,100) each for the difficulties they had to suffer because they were unable to marry legally.
But the Sapporo court’s decision that the government’s ban was unconstitutional is seen as a major step forward for claimants and their supporters, setting a precedent for similar lawsuits and raising hope for legal change.
“I hope this decision will serve as a first step for Japan to change,” said one of the women, who identified herself only as “Claimant No. 5”.
Four other cases are pending in Tokyo, Osaka, Nagoya and Fukuoka.
Japan’s refusal to issue spouses visas to partners of legally married same-sex couples abroad has been a growing problem, forcing them to live temporarily apart.
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The American Chamber of Commerce in Japan last year asked the country to legalize same-sex marriages, saying that talented LGBTQ people would choose to work elsewhere, making the country less internationally competitive.