TOKYO – A Japanese court ruled on Wednesday that not allowing same-sex couples to marry is “unconstitutional”, setting a precedent in the only G7 country that does not fully recognize same-sex partnership.
The decision of a district court, the first in Japan on the legality of same-sex marriages, is a major symbolic victory in a country where the constitution still defines marriage as being based on “mutual consent of both sexes”.
After the decision, plaintiffs and supporters unfurled flags and rainbow bands in front of the court.
Although a new law is needed before same-sex marriages can actually take place – which can take some time in socially conservative Japan – the plaintiffs’ lawyer called the decision “revolutionary”, while LGBT activists considered it a change of life.
“Its value is absolutely immeasurable,” said Gon Matsunaka, 44, director of the activist group Marriage for All Japan and representative of Pride House Tokyo.
“Until the decision was announced, we didn’t know that this was what we were going to get and I’m very happy.”
Although Japanese law is considered relatively liberal by Asian standards, social attitudes have kept the LGBT community practically invisible in the world’s third largest economy. Taiwan became the first country in Asia to legalize same-sex marriages in 2019.
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Under current rules in Japan, same-sex couples cannot legally marry, cannot inherit their partners ‘assets – such as the home they may have shared – and also have no parental rights over their partners’ children.
Although partnership certificates issued by individual municipalities help same-sex couples to rent a place together and are entitled to visit hospitals, they still do not give them the same full legal rights enjoyed by heterosexual couples.
“Sexual orientation cannot be changed or selected by a person’s will,” said the decision. “It is discriminatory treatment … that they cannot receive even some of the legal benefits that heterosexuals receive.”
The Sapporo District Court dismissed the claim for damages by the six plaintiffs – two couples of men and one of women – who asked the Japanese government to pay 1 million yen ($ 9,168.42) each in recognition of the pain they suffered from being unable to marry legally.
But Takeharu Kato, the plaintiffs’ lawyer, called the verdict “revolutionary” while urging parliament to start working quickly on a law to make same-sex marriage possible.
“We commend this decision for accepting the plaintiffs’ serious appeals,” the lawyer said at a news conference.
Similar cases are being heard in four other courts in Japan and this decision may indirectly influence the outcome of those, changing public opinion.
“Just because the gender of the person we love is different, we cannot get married. We live the same life as heterosexuals, we have the same problems and the same joys, “said one of the plaintiffs, a woman known only as” E. “
“Although our lives are exactly the same, the nation would not recognize that.”
Although homosexual sex has been legal in Japan since 1880, social stigma means that many have not yet revealed themselves even to their families. The Japanese decision also came just days after the Vatican said that priests cannot bless same-sex unions.
Some in the business world say that Japanese rules that do not allow same-sex marriage undermine the country’s competitive advantage by making it difficult for companies, especially foreign ones, to attract and retain highly skilled labor in an economy each increasingly international.
Tokyo residents also welcomed the decision, saying it was time for things to change.
“Japan has always been conservative, but now things are becoming more open,” said 60-year-old dentist Kyoko Enomoto. “I think it will open up a lot more from now on.”