Japan court rules same-sex marriage ban is not unconstitutional
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[June 20, 2022]
By Elaine Lies
TOKYO (Reuters) - A Japanese court ruled on
Monday that a ban on same-sex marriage was not unconstitutional, dealing
a setback to LGBTQ rights activists in the only Group of Seven nation
that does not allow people of the same gender to marry.
The ruling dashes activists' hopes of raising pressure on the central
government to address the issue after a court in the city of Sapporo in
March 2021 decided in favour of a claim that not allowing same-sex
marriage was unconstitutional.
Three same-sex couples - two male, one female - had filed the case in a
district court in Osaka, only the second to be heard on the issue in
Japan.
In addition to rejecting their claim that being unable to marry was
unconstitutional, the court threw out their demand for 1 million yen
($7,400) in damages for each couple.
"I actually wonder if the legal system in this country is really
working," said plaintiff Machi Sakata, who married her U.S.-citizen
partner in the United States. The two are expecting a baby in August.
"I think there's the possibility this ruling may really corner us,"
Sakata said.
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Japan's constitution defines marriage as being based on "the mutual
consent of both sexes". But the introduction of partnership rights for
same-sex couples in Tokyo last week, along with rising support in
opinion polls, had raised the hopes of activists and lawyers for the
Osaka case.
The Osaka court said that marriage was defined as being only between
opposite genders and not enough debate on same-sex marriage had taken
place in Japanese society.
"We emphasised in this case that we wanted same-sex couples to have
access to the same things as regular couples," said lawyer Akiyoshi
Miwa, adding that they would appeal.
ECONOMIC IMPLICATIONS
Japanese law is considered relatively liberal in some areas by Asian
standards, but across the continent only Taiwan has legalised same-sex
marriage.
Under current rules in Japan, members of same-sex couples are not
allowed to legally marry, cannot inherit each other's assets - such as a
house they may have shared - and also have no parental rights over each
other's children.
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![](../images/062022PIX/news_g17.jpg)
Plaintiffs hold hands each other after a district court ruled on the
legality of same-sex marriages outside Sapporo district court in
Sapporo, Hokkaido, northern Japan March 17, 2021, in this photo
taken by Kyodo.
![](http://archives.lincolndailynews.com/2017/Jul/22/images/ads/current/rohlfs_lda_072017.png)
Though partnership certificates issued by some
municipalities help same-sex couples rent property together and have
hospital visitation rights, they do not give them the full legal
rights enjoyed by heterosexual couples.
Last week, the Tokyo prefectural government passed a bill to
recognise same-sex partnership agreements, meaning local governments
covering more than half of Japan's population now offer such
recognition.
While Prime Minister Fumio Kishida has said the issue needs to be
carefully considered, his ruling Liberal Democratic Party has
disclosed no plans to review the matter or propose legislation,
though some senior party members favour reform.
An upcoming case in Tokyo will keep alive public debate on the
issue, particularly in the capital, where an opinion poll by the
local government late last year found some 70% of people were in
favour of same-sex marriage.
Legalising same-sex marriage would have far-reaching implications
both socially and economically, activists say, and would help
attract foreign firms to the world's third-biggest economy.
"International firms are reviewing their Asian strategy and LGBTQ
inclusivity is becoming a topic," said Masa Yanagisawa, head of
prime services at Goldman Sachs and a board member of the activist
group Marriage for all Japan, speaking before the verdict.
"International businesses don't want to invest in a location that
isn't LGBTQ-friendly."
($1 = 134.8800 yen)
(Additional reporting by Rikako Maruyama; Editing by Kenneth Maxwell
and Bradley Perrett)
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