The ruling disproves activists’ hopes of putting pressure on the central government to address the issue, after a court in the city of Sapporo in March 2021 ruled in favor of a claim that unlawful marriage homosexuality was unconstitutional. Three same-sex couples – two males and one female – had filed the case in a district court in Osaka, only the second in Japan. In addition to rejecting their claim that not being able to get married was unconstitutional, the court rejected their claim for one million yen ($ 9,660 Cdn) in compensation for each couple. “I’m really wondering if the legal system in this country really works,” said plaintiff Machi Sakata, who married her partner, an American citizen in the United States. They are both expecting a baby in August. “I think there is a possibility that this decision will really push us,” Sakata said. The Japanese Constitution stipulates that marriage is based on the “mutual consent of both sexes.” But the introduction of same-sex companionship in Tokyo last week, along with growing support in opinion polls, had raised hopes among activists and lawyers in the Osaka case. The Osaka court said that marriage was defined as marriage only between the opposite sexes and that there had not been enough discussion about same-sex marriage in Japanese society. “We stressed 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 would appeal.
Some affiliate rights are currently recognized
Japanese law is considered relatively liberal in some areas by Asian standards, but across the continent, only Taiwan has legalized same-sex marriage. Under current Japanese law, members of same-sex couples are not allowed to marry legally, can not inherit each other’s property – such as a house they could share – and also have no parental rights over each other’s children. Although cohabitation certificates issued by some municipalities help same-sex couples rent real estate together and allow them the right to visit the hospital, they do not provide them with the full legal rights enjoyed by heterosexual couples. Last week, the Tokyo prefecture government passed a bill recognizing same-sex partnership agreements, meaning local governments that cover more than half of Japan’s population now offer such recognition. While Prime Minister Fumio Cisida said the issue should be carefully considered, his ruling Liberal Democratic Party has not revealed plans to reconsider the issue or propose legislation, although some senior party members are in favor of the reform.
