Status: 11/30/2022 1:00 p.m
Japan will continue to have no law recognizing same-sex marriage. A lawsuit was dismissed in court. Nevertheless, according to the plaintiff, the judgment contains groundbreaking information.
Homosexuals in Japan have suffered a setback in their struggle to have same-sex marriage recognized. The Tokyo District Court ruled that the state’s refusal to legally recognize same-sex marriages was not unconstitutional. The court rejected the claim of the eight plaintiffs for one million yen each – around 6,900 euros – in compensation per person for the emotional pain caused by the government’s refusal.
At the same time, however, it pointed out in its judgment that the lack of a legal system that enables homosexuals to start a family represents a “state of unconstitutionality”. Gay people should have the same legal protections as heterosexual couples through marriage, the district court ruled. Because it is “a serious threat and an obstacle” to humanity, as the Kyodo news agency reported. These statements were seen as a success for LGBTQ couples, which is why the plaintiffs described the judgment as groundbreaking.
Only G7 country without gay marriage
Japan is the only country in the G7 group of economically strong democracies that has not yet recognized same-sex marriage. A district court in the northern city of Sapporo was the first to rule in 2021 that the state’s refusal violated the constitutional right to equal treatment.
Lawyers spoke of a big step towards equality. But in June 2022, another court in Osaka came to the opposite conclusion. The court in Tokyo now followed this verdict. This confirms the legislature.
Slow progress visible
Observers regard the fact that the rights of lesbian, gay, bisexual and transgender (LGBTQ) people are now being brought before the courts in Japan at all as progress in the question of marriage law. Taiwan became the first country in Asia to legalize same-sex marriage in 2019. In Germany, the law on marriage for everyone came into force on October 1, 2017.
In Japan, the issue of the LGBTQ community is slowly gaining public awareness, although many are hiding their sexual orientation or gender identity for fear of discrimination. However, some communities now recognize registered partnerships. They are not legally binding. However, they should help to avoid discrimination, for example when visiting a partner in hospital or when looking for an apartment.