The plaintiffs are holding hands after a district court ruled on the legality of same-sex marriages outside the Sapporo District Court in Sapporo, Hokkaido, northern Japan, on March 17, 2021, in this photo taken by Kyodo.
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TOKYO, June 20 (Reuters) – A Japanese court ruled Monday that banning same-sex marriage in the country is not unconstitutional, failing LGBTQ rights activists in the only nation in the Group of Seven that does not allow same-sex couples. to get married.
Three same-sex couples – two men and a woman – had taken the case to Osaka District Court, with only the second heard in Japan. In addition to dismissing their claim that the inability to marry is unconstitutional, the court rejected their claims for 1 million yen ($ 7,400) in compensation for each couple.
The ruling shattered activists’ hopes of increasing pressure on the government to resolve the issue, after a court in Sapporo in March 2021 ruled in favor of saying that preventing same-sex marriage is unconstitutional.
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“It’s really disappointing,” said Gon Matsunaka, an LGBTQ activist in Tokyo.
“After Sapporo’s decision, we were hoping for the same decision or something even better.
The Japanese constitution defines marriage as based on “mutual consent of both sexes.” But the introduction of partnership rights for same-sex couples in Tokyo last week, along with growing support for opinion polls, boosted activists and lawyers’ hopes for the Osaka case.
‘GOOD OPPORTUNITY’
Japanese law is considered relatively liberal in some areas by Asian standards, but across the continent, only Taiwan has legalized same-sex marriage.
Under current rules in Japan, members of same-sex couples are not allowed to marry legally, cannot inherit the property of the other – such as the house they may have shared – and also do not have parental rights over the other’s children.
Although partnership certificates issued by some municipalities help same-sex couples to rent a place together and have the right to visit a hospital, they do not give them the full legal rights enjoyed by heterosexual couples.
Last week, the Tokyo prefecture government passed a bill recognizing same-sex partnership agreements, meaning that local authorities, which cover more than half of Japan’s population, are now proposing such recognition.
While Prime Minister Fumio Kishida said the issue should be carefully considered, his ruling Liberal Democratic Party (LDP) has revealed no plans to reconsider or propose legislation, although some senior LDP figures support the reform.
An upcoming case in Tokyo means the public debate on the issue will continue, especially in the capital, where a local government poll late last year found that about 70% are in favor of same-sex marriage.
Legalizing same-sex marriage would have far-reaching consequences, both socially and economically, activists said, making it easier for companies to attract and retain talented workers and even help attract foreign companies to the world’s third-largest economy.
“If Japan wants to take the lead in Asia again, it has a really good opportunity right now,” said Massa Yanagisawa, head of basic services at Goldman Sachs and a board member of the Marriage for All Japan activist group. Osaka.
“International companies are rethinking their Asian strategy and the inclusion of LGBTQ is becoming a topic … International business does not want to invest in a place that is not suitable for LGBTQ.”
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Additional reports by Rikako Maruyama; Edited by Kenneth Maxwell and Bradley Peret
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