A Tokyo court ruled on Tuesday that the state’s refusal to legalize same-sex marriage is not unconstitutional. The court rejected the eight plaintiffs’ claim for one million yen (about 6,900 francs) each as compensation for the emotional pain caused by the government’s refusal. 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 in marriage. But in June 2022, another court in Osaka came to the opposite conclusion. The court in Tokyo now followed this verdict.
The legislator sees this as confirmed. Observers say that the fact that lesbian, gay, bisexual and transgender (LGBTQ) rights are now being taken to court in Japan indicates slow progress in matrimonial law. In 2019, Taiwan became the first country in Asia to legalize same-sex marriage.
In Japan, the issue of the LGBTQ community is slowly gaining public awareness, although many hide their sexual orientation or gender identity for fear of discrimination. However, some communities now recognize registered partnerships.
They are not legally binding. However, they must help prevent discrimination, for example when visiting a partner in the hospital or when looking for an apartment.
(SDA)