In a setback to gay rights activists, a Japanese court has declared that a prohibition on same-sex marriage is not unconstitutional.
The action was launched in the Osaka district court by three same-sex couples – two males and one female – in Japan, which is the only Group of Seven country that does not allow persons of the same gender to marry.
The court threw out their demands for 1 million yen ($7,414) in damages for each couple, in addition to rejecting their allegation that being unable to marry was unconstitutional.
It was unclear whether the plaintiffs intended to appeal the case, which is just the second to be heard in Japan on the subject.
In footage carried by public broadcaster NHK after the verdict, an unidentified female complainant remarked outside the courthouse, her voice shaking, ‘This is bad, really dreadful.’
After a Sapporo court ruled in March 2021 that prohibiting same-sex marriage was unconstitutional, activists’ hopes of putting pressure on Japan’s government to address the issue were dashed.
The decision sparked a flurry of discussion on social media in the Netherlands, where popular support for same-sex marriage has been rising in polls.
‘Unbelievable,’ said one lawyer working on the issue’s third case, which is being heard in Tokyo and will be decided later this year.
Marriage is defined in Japan’s constitution as “the mutual consent of both sexes.”
Last week’s provision of partnership rights for same-sex couples in Tokyo’s capital, along with rising public acceptance, gave activists and attorneys hope for the Osaka case.
By Asian standards, Japanese legislation is relatively liberal in several areas, but thus far only Taiwan has legalized same-sex marriage across the continent.
Same-sex couples in Japan are now prohibited from legally marrying, inheriting their partner’s assets (such as a home they may have shared), and having parental rights over their partner’s children.
Although partnership certificates given by certain local governments assist same-sex couples in renting a home together and having hospital visitation rights, they do not provide them with all of the legal rights that heterosexual couples have.
Last Monday, the Tokyo prefectural government passed a bill recognizing same-sex partnership agreements, bringing the total number of people covered by such agreements to more than half of Japan’s population.
While Japanese Prime Minister Fumio Kishida has stated that the subject should be ‘seriously considered,’ his ruling Liberal Democratic Party (LDP) has not stated if it intends to study the situation or propose legislation, while some top LDP figures are in favor of reform.
The upcoming case in Tokyo implies that public debate on the subject will continue, especially in the capital, where a late-last-year opinion poll conducted by the Tokyo government revealed that about 70% of people support same-sex marriage.
Activists argue that legalizing same-sex marriage would have far-reaching social and economic repercussions, making it simpler for corporations to attract and keep skilled personnel, as well as attracting foreign firms to the world’s third-largest economy.
Prior to the Osaka ruling, Masa Yanagisawa, head of Prime Services at Goldman Sachs and a board member of activist group ‘Marriage for All Japan,’ said, ‘If Japan wants to once again establish a leading position in Asia, it has a pretty wonderful opportunity right now.’
‘International companies are rethinking their Asian strategies, and LGBTQ inclusion is a hot topic… International companies don’t want to invest in a city that isn’t welcoming to LGBTQ people.’