TOKYO (Reuters) – Japan’s Osaka court on Monday ruled that Japan’s ban on gay marriage was not “unconstitutional”, a setback for LGBTQ rights activists in the G7’s only nation that does not allow same-sex to get married. Three same-sex couples – two men, one female – have filed a lawsuit in Osaka District Court, the only one of its kind in Japan. In addition to rejecting their claim that not being able to marry was unconstitutional, the court also rejected their claims for compensation of 1 million yen ($ 7,414) for each couple. “This is awful, just awful,” said an unknown woman plaintiff outside the court in footage shown on NHK after the verdict, her voice cracking. It was not immediately clear whether the plaintiffs were planning to appeal. The ruling disproves activists’ hopes of putting pressure on the Japanese government to address the issue, after a Sapporo court in March 2021 ruled in favor of a claim that unmarried same-sex marriage was unconstitutional. The decision sparked a wave of comments on social media in the country, where public support for same-sex marriage has risen in opinion polls. “Unbelievable,” wrote a lawyer on Twitter dealing with the third case in the Tokyo trial, with the verdict expected within the year. The Japanese Constitution stipulates that marriage is based on the “mutual consent of both sexes.” But the introduction of same-sex companionship rights in the Tokyo capital last week, coupled with rising support for opinion polls, has raised hopes among activists and lawyers in the Osaka case. ‘GOOD OPPORTUNITY’ Japanese law is considered relatively liberal in some areas by Asian standards, but across the continent only Taiwan has legalized gay marriage so far. Under Japanese law, same-sex couples are not allowed to marry legally, can not inherit their partner’s property – such as a house they may share – and also have no parental rights over their partner’s children. The story goes on Although certificates of cooperation issued by some individual municipalities help same-sex couples rent a place together and have the right to visit the hospital, they do not have the full legal rights enjoyed by heterosexual couples. Last week, the Tokyo prefecture government passed a bill recognizing same-sex partnership agreements – meaning that more than half of Japan’s population is now covered by such agreements. While Japanese Prime Minister Fumio Kishida has said the issue needs to be carefully considered, the ruling Liberal Democratic Party (LDP) has not revealed plans to reconsider the issue or pass legislation, although some senior LDP officials are in favor of the reform. The upcoming case in Tokyo means that the public debate on the issue will continue, especially in the capital where a poll by the Tokyo government late last year found that about 70% were in favor of same-sex marriage. Legalizing same-sex marriage would have far-reaching consequences both socially and economically, activists say, making it easier for companies to attract and retain talented workers and even help attract foreign companies to the world’s third-largest economy. . “If Japan wants to take the lead in Asia again, it has a really good chance right now,” said Masa Yanagisawa, head of Prime Services at Goldman Sachs and a board member of the Marriage for All Japan activist group. , speaking. before the Osaka verdict. “International companies are reviewing their strategy for Asia and the integration of LGBTQs is becoming an issue… International companies do not want to invest in a site that is not LGBTQ friendly.” ($ 1 = 134.8800 yen) (Report by Elaine Lies · Edited by Kenneth Maxwell)
