Japan court rules same-sex marriage ban constitutional

A Japanese court ruled on Monday that the ban on same-sex marriage is constitutional, representing a setback for LGBTQIA+ rights activists in the only G7 country that does not allow same-sex marriage.

The decision dashes activists’ hopes of increasing pressure on the Japanese government to resolve the issue after a court in the city of Sapporo in March 2021 ruled that it was unconstitutional not to allow same-sex marriage.

Three same-sex couples – two male and one female – have filed the case in a district court in Osaka, only the second to be heard on the matter in the history of the Japanese judiciary.

In addition to rejecting the claim that the prohibition of marriage was unconstitutional, the court rejected its requirement of 1 million yen (R $ 38 thousand) in damage to each couple.

“I really wonder if the legal system in this country is really working,” said applicant Machi Sakata, who married her partner, an American citizen in the United States. Both are waiting for a baby for August.

“I think there’s a possibility that this decision could really corner us,” Sakata said.

Japan’s constitution defines marriage as being based on the “mutual consent of both sexes”. But the introduction of partnership rights for same-sex couples in Tokyo last week, along with increased support in opinion polls, has raised hopes among activists and lawyers for the Osaka case.

The Osaka Court said marriage was defined as only between opposite genres and that there was not enough debate about same -sex marriage in Japanese society.

“We emphasize in this case that we wanted same -sex couples to have access to the same things as normal couples,” said lawyer Akiyoshi Miwa, adding that they will appeal.

economic implications

Japanese law is considered relatively liberal in some areas by Asian standards, but throughout the continent only Taiwan legalized same -sex marriage.

Under current rules in Japan, members of same-sex couples cannot legally marry, cannot inherit each other’s assets – such as a house they may have shared – and also do not have parental rights over each other’s children. .

While partnership certificates issued by some municipalities help same-sex couples rent property together and have hospital visitation rights, they do not give them all the legal rights that heterosexual couples enjoy.

Last week, the Tokyo prefectural government passed a bill to recognize same-sex partnership agreements, meaning local governments that cover more than half of Japan’s population now offer such recognition.

While Prime Minister Fumio Kishida has said the issue needs careful consideration, his ruling Liberal Democrat Party has not released plans to review the issue or propose legislation, although some senior party members are in favor of reform.

An upcoming case in Tokyo will keep public debate on the issue alive, particularly in the capital, where a local government opinion poll late last year found that about 70% of people were in favor of same-sex marriage.

Legalizing same-sex marriage would have far-reaching social and economic implications, activists say, and would help attract foreign companies to the world’s third-largest economy.

“International companies are reviewing their Asian strategy and LGBTQIA+ inclusion is becoming a topic,” said Masa Yanagisawa, head of primary services at Goldman Sachs and board member of activist group Marriage for all Japan, speaking ahead of the verdict.

“International companies do not want to invest in a location that is not LGBTQIA+ friendly.”

Source: CNN Brasil

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