A court in Osaka ruled Monday that Japan’s ban on same-sex marriage was not “unconstitutional,” a blow to LGBTQ rights activists in the Seven Nation, the only group that doesn’t allow same-sex people to marry.
Three same-sex couples – two men, one woman – filed the case in Osaka District Court, only the second in Japan to hear the issue. In addition to rejecting their claim that being unable to marry was unconstitutional, the court also rejected their demands for 1 million yen ($7,414) in damages for each couple.
In footage shown on public broadcaster NHK after the verdict, an unidentified female plaintiff said outside the courtroom: “It’s terrifying, just terrifying.” It was not immediately clear whether the plaintiffs planned to appeal.
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After a Sapporo court in March 2021 ruled in favor of the claim that not allowing same-sex marriage was unconstitutional, the ruling dashed activists’ hopes of increasing pressure on Japan’s government to resolve the issue.
The decision sparked a flurry of comments on social media in the country, where opinion polls show increasing public support for same-sex marriage.
“Incredible,” tweeted a lawyer working on the third case at issue to be heard in Tokyo, with the verdict coming later this year.
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The Constitution of Japan defines marriage as being based on “the mutual consent of both sexes”. But last week’s launch of partnership rights for same-sex couples in the capital Tokyo, as well as rising support for elections, raised hopes of activists and lawyers for the Osaka case.
‘good chance’
Japanese law is considered relatively liberal in some areas by Asian standards, but only Taiwan has legalized same-sex marriage across the continent.
Under current rules in Japan, same-sex couples are not legally allowed to marry, cannot inherit their partner’s property – such as the house they share – and on their partner’s children. The parents have no rights either.
Although partnership certificates issued by some individual municipalities allow same-sex couples to rent a space together and have the right to meet in a hospital, they do not give them the full legal rights enjoyed by heterosexual couples. .
Last week the Tokyo prefectural government passed a bill to recognize same-sex partnership agreements – meaning more than half of Japan’s population is now covered by such agreements.
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While Japanese Prime Minister Fumio Kishida has said the issue “needs to be carefully considered”, his ruling Liberal Democratic Party (LDP) has disclosed no plans to review the matter or propose legislation. However, some senior LDP figures are in favor of reforms.
The upcoming case in Tokyo means that public debate over the issue will continue, especially in the capital where an opinion poll by the Tokyo government late last year found that nearly 70% were in favor of same-sex marriage.
Activists say legalizing same-sex marriage would have far-reaching social and economic implications, making it easier for companies to attract and retain talented workers, and even make foreign firms the world’s third-largest. It will help in wooing in the big economy.
“If Japan wants to once again take the lead in Asia, it has a really good opportunity,” said Masa Yanagisawa, head of Prime Services at Goldman Sachs. Before the Osaka verdict.
“International companies are revisiting their Asian strategy and LGBTQ inclusivity is becoming a theme … International businesses do not want to invest in a space that is not LGBTQ-friendly.”
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