Japanese Court Rules Banning Same-sex Marriages Unconstitutional

The plaintiffs hold hands after a district court ruled on the legality of same-sex marriages at the Sapporo District Court in Sapporo, Hokkaido, northern Japan, in this photo taken by Kyodo March 17, 2021.

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TOKYO, June 20 (Reuters) – A Japanese court on Monday ruled that the country’s ban on same-sex marriage was not unconstitutional, marking a setback for LGBTQ activists in the only nation in the Group of Seven, the People of the Same Sex this does not allow marry.

Three same-sex couples – two men, one woman – had filed the case in Osaka District Court, only the second to be heard on the issue in Japan. The court not only rejected their claim that being unable to marry was unconstitutional, but also dismissed their demands for compensation of 1 million yen ($7,400) for each couple.

The ruling dashed activists’ hopes to ramp up pressure on the government to address the issue after a Sapporo court ruled in March 2021 in favor of a claim that banning same-sex marriages was unconstitutional.

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“This is really disappointing,” said Gon Matsunaka, an LGBTQ activist from Tokyo.

“After the Sapporo verdict, we hoped for the same verdict or something even better.”

The Japanese Constitution defines marriage as “based on the mutual consent of both sexes”. But the introduction of civil partnership rights for same-sex couples in Tokyo last week, along with rising poll support, had raised hopes for the Osaka case among activists and advocates.

‘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 cannot legally marry, cannot inherit each other’s assets – such as the house they may have shared – nor have parental rights over each other’s children.

Although partnership certificates issued by some municipalities help same-sex couples rent a flat together and have the right to visit hospitals, they do not give them the full legal rights that heterosexual couples are entitled to.

Last week, the Tokyo prefectural government passed legislation recognizing same-sex partnership agreements, meaning local governments covering more than half of Japan’s population are now offering this recognition.

While Prime Minister Fumio Kishida said the issue needs careful consideration, his ruling Liberal Democratic Party (LDP) has not announced any plans to review the matter or propose legislation, although some senior LDP figures advocate reform.

A looming case in Tokyo means public debate on the issue will continue, particularly in the capital, where a local government opinion poll late last year showed about 70% were in favor of same-sex marriage.

Legalizing same-sex marriage would have far-reaching social and economic implications, activists say, making it easier for companies to attract and retain a talented workforce and even helping attract foreign firms to the world’s third-biggest economy.

“If Japan wants to regain leadership in Asia, now is a really good opportunity,” said Masa Yanagisawa, head of prime services at Goldman Sachs and board member of the activist group Marriage for all Japan, ahead of the Osaka ruling.

“International companies are reviewing their Asia strategy and LGBTQ inclusivity is becoming an issue… International companies do not want to invest in a location that is not LGBTQ friendly.”

($1 = 134.8800 yen)

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Additional reporting by Rikako Maruyama; Edited by Kenneth Maxwell and Bradley Perrett

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