TOKYO (AP) – A Japanese court ruled on Wednesday that the government’s ban on same-sex marriage is unconstitutional and recognizes the rights of same-sex couples for the first time in the only country in the Group of Seven that does not recognize your legal partner.
Although the court dismissed the plaintiffs’ government compensation claim, the precedent is an important victory for same-sex people and could affect similar lawsuits pending across the country.
The Sapporo district court said sexuality, like race and gender, is not a matter of individual preference, so it cannot be justified to ban same-sex couples from providing heterosexual couples.
“The legal benefits derived from marriages should benefit both homosexuals and heterosexuals” (asterisk), according to the court, according to a copy of the summary of the resolution.
Under Japanese law, marriage should be based on “mutual consent of both sexes,” which is currently interpreted as allowing marriage only between a man and a woman.
As awareness and support for LGBTQ people increases in Japan, discrimination persists. Same-sex couples may not inherit their partner’s homes, property, and other property, or have parental rights over any child. More municipalities have enacted “collaboration” ordinances so that same-sex couples can rent apartments more easily, but they are not legally binding.
In a society where pressure for conformity is strong, many gay people hide their sexuality, fearing prejudice at home, at school, or at work. Transgender people also have difficulties in a society where gender identity is very specific.
The movement for LGBTQ equal rights has lagged behind because people who do not conform to it have been largely marginalized.
The Sapporo District Court dismissed the lawsuit of six plaintiffs – two male couples and a female – for the Japanese government to pay 1 million yen ($ 9,100) each for the hardships they had to suffer in order not to be legally married. .
But the Sapporo court ruling that the government’s ban was unconstitutional is considered a major victory for the plaintiffs and their supporters, setting a precedent for similar court cases and raising their hope for a legal change.
Four more lawsuits are pending in Tokyo, Osaka, Nagoya and Fukuoka.
Japan’s refusal to issue spouse visas to same-sex couples legally married abroad has been a growing problem, forcing them to live temporarily separately.
Last year, Japan’s U.S. Chamber of Commerce urged Japan to legalize same-sex marriage, saying talented LGBTQ people would choose to work elsewhere, making the country less competitive internationally.