Denying same sex marriage ‘unconstitutional’
A Japanese high court has ruled that denying same-sex marriage is “unconstitutional” and called for urgent government action to address the lack of any law allowing for such unions.
The court does not have the power to overturn the existing marriage law, which has been interpreted to restrict marriage as between a man and a woman.
However, the ruling by courts in Tokyo and Sapporo to deem the nation's ban "unconstitutional" could potentially pave the way for a change of law.
The courts ruled in favour of plaintiffs, but did not grant their request for damages.
Some municipalities and prefectures in Japan will give same-sex partnership certificates, which provide some legal benefits. However, they are still not provided with equal legal recognition.
The government has come under pressure from the public in recent times to change the law, with up to 70 per cent of the population saying they support same-sex unions.
The Japanese government recently passed a law criminalising discrimination on the basis of sexuality. However, LGBTQ+ groups have said it does not go far enough.
Last week, the Sapporo court ruling said it was "strongly expected" that Parliament would at some point "institutionalise an appropriate samesex marriage law", pointing to support from the Japanese public.
The court said: "Living in accordance with one's gender identity and sexual orientation is an inalienable right rooted in important person interests." It added: “Enacting same-sex marriage does not seem to cause disadvantages or harmful effects.”
Support for marriage equality has grown among the Japanese public in recent years, but the governing Liberal Democratic Party, known for its conservative family values and reluctance to promote gender equality and sexual diversity, remains opposed to the campaign.
In the Tokyo ruling, the court said the right to marry, have a family and enjoy advantages marriage brings – such as tax deductions and social security benefits – are guaranteed for everyone, and that lack of the legal right to same-sex couples deprives them of their basic right.
The Tokyo ruling also acknowledged the right for anyone to live based on their sexuality and sexual identity, and the traditional family values and marriage are changing, and equality of samesex marriage is increasingly accepted in international and corporate communities.
Japan is not an outlier in Asia. Most Asian countries – with the exception of Taiwan – do not allow same sex marriage.
A total of 36 countries worldwide do. One of the most recent to introduce a law allowing gay marriage is Greece, which last month voted to legalise same-sex marriage, becoming the first Christian Orthodox majority country to do so.
Meanwhile, last year Estonia's parliament voted in favour of marriage equality, becoming the first post-soviet Union country to legalise same-sex marriage. The law came into effect on January 1.