Japan ruling seeks balance on same-sex marriage
December 1, 2022
A Tokyo court ruled on Wednesday against the unconstitutionality of the country's same-sex marriage ban, while also it found the absence of a legal system for same-sex couples to form a family "unconstitutional."
Many LGBTQ campaigners hailed a rather contradictory ruling as a new milestone for same-sex rights in the conservative country.
It follows several attempts by the LGBTQ communities to cement marriage equality in the country via court rulings.
In 2021, a Sapporo court deemed for the first time the state's refusal to allow same-sex marriages unconstitutional. However, the ruling was scrapped when an Osaka court ruled in 2022 that the ban on same-sex marriages was valid.
Japan is the only member of the Group of Seven (G7) highly industrialized countries that maintains a ban on same-sex marriage.
What did the Tokyo court ruling say?
The Tokyo District Court's highly anticipated ruling saw the lack of a law protecting same-sex couples' right to create families as a constitutional violation. At the same time, the court stressed that the lack of legislative action was not illegal.
The court also rejected demands by plaintiffs of 1 million yen (approximately $7,310, €7,010) each.
However, the LGBTQ community largely celebrated the ruling as a partial victory.
"I was glad that the ruling acknowledged we have a right to be families,'' plaintiff Chizuka Oe told a news conference. She said her partner of more than 20 years "is my invaluable family no matter what anyone says,'' stressing that "this is just the beginning."
What are LGBTQ rights like in Japan?
Like several countries in Asia, Japan's conservative culture values traditional gender roles and is resistant to embracing more LGBTQ-friendly laws.
Only this month, Tokyo began issuing certificates to recognize same-sex couples. The certificate allows them to apply for public housing and become beneficiaries in auto and life insurance.
Over 200 smaller towns across the country have been embracing similar steps since 2015.
While they can help same-sex couples, the measures are not equal to the rights enshrined by marriage.
rmt/sms (AP, dpa)