PanamaTimes

Saturday, Apr 20, 2024

Not Allowing Same-Sex Marriage Is "Unconstitutional": Japan Court

Not Allowing Same-Sex Marriage Is "Unconstitutional": Japan Court

The ruling by a district court, the first in Japan on the legality of same-sex marriages, is a major symbolic victory in a country where the constitution still defines marriage as being based on "the mutual consent of both sexes".

A Japanese court ruled on Wednesday that not allowing same-sex couples to get married is "unconstitutional," setting a precedent in the only G7 nation not to fully recognise same-sex partnership.

The ruling by a district court, the first in Japan on the legality of same-sex marriages, is a major symbolic victory in a country where the constitution still defines marriage as being based on "the mutual consent of both sexes".

Following the ruling, plaintiffs and supporters unfurled rainbow flags and banners in front of the court.

While a new law will be needed before same-sex marriages can actually take place - which could take some time in socially conservative Japan - the plaintiffs' lawyer called the ruling "revolutionary", while LGBT activists deemed it life-changing.

"Its value is absolutely measureless," said 44-year old Gon Matsunaka, director of activist group Marriage for All Japan and representative of Pride House Tokyo.

"Until the ruling was announced, we didn't know this was what we'd get and I'm just overjoyed."

While Japanese law is considered relatively liberal by Asian standards, social attitudes have kept the LGBT community largely invisible in the world's third largest economy. Taiwan became the first place in Asia to legalise same-sex marriages in 2019.

Under the current rules in Japan, same-sex couples are not allowed to legally marry, can't inherit their partner's assets - such as the house they may have shared - and also have no parental rights over their partners' children.

Though partnership certificates issued by individual municipalities help same-sex couples to rent a place together and have hospital visitation rights, they still don't give them the same full legal rights enjoyed by heterosexual couples.

"Sexual orientation cannot be changed or selected by a person's will," the ruling said. "It is discriminatory treatment ... that they cannot receive even some of the legal benefits that heterosexuals do."

The Sapporo District Court threw out the demand for damages by the six plaintiffs - two couples of men and one of women - who had asked that the Japanese government pay 1 million yen ($9,168.42) each in acknowledgment of the pain they suffered by not being able to legally marry.

But Takeharu Kato, the lawyer of the plaintiffs, called the verdict overall "revolutionary", while urging parliament to quickly start working on a law to make same-sex marriage possible.

"We praise this ruling for taking in the plaintiffs' earnest appeals," the lawyer told a news conference.

SAME JOYS, SAME PROBLEMS


Similar cases are currently being heard in four other courts around Japan and this ruling may indirectly influence their outcome.

"Only because the gender of the person we love is different, we can't get married. We live the same lives as heterosexuals, have the same troubles and the same joys," said one of the plaintiffs, a woman known only as "E".

"Though our lives are exactly the same, the nation wouldn't recognise this."

Chief Cabinet Secretary Katsunobu Kato told a news conference he had not read the ruling in detail but that the government would "carefully watch" the outcomes of the other court cases.

While homosexual sex has been legal in Japan since 1880, social stigma means many have yet to come out even to their families. The Japanese ruling also came just days after the Vatican said priests cannot bless same-sex unions.

Some in the business world say Japanese rules not allowing same-sex marriage hurt the country's competitive advantage, by making it difficult for companies, especially foreign companies, to attract and keep highly-skilled labour in an increasingly international economy.

Tokyo residents also welcomed the ruling, saying it was about time things changed.

"Japan has always been conservative, but these days things are becoming more open," said 60-year old dentist Kyoko Enomoto. "I think it will open up a lot more from now on."

Newsletter

Related Articles

PanamaTimes
0:00
0:00
Close
Apple warns against drying iPhones with rice
In a recent High Court hearing, the U.S. argued that Julian Assange endangered lives by releasing classified information.
Global Law Enforcement Dismantles Lockbit Ransomware Operation
Russian opposition leader Alexey Navalny has died at the Arctic prison colony
The President of Argentina Javier Mile does not fly private, he flies commercial, with the citizens he represents. And they LOVE him for it.
Bitcoin Reaches $50,000 for First Time in Over Two Years
Belo Horizonte: Brazil's Rising Carnival Hotspot for 2024
In El Salvador, the 'Trump of Latin America' stuns the world with a speech slamming woke policing after winning a landslide election
Tucker’s interview with Putin is over 50M views on X within the first 5 hours.
Finnish Airline, Finnair, is voluntarily weighing passengers to better estimate flight cargo weight
President Nayib Bukele has proudly announced El Salvador's remarkable achievement of becoming the safest nation in the Western Hemisphere.
Former Chilean President Sebastian Piñera Dies in Helicopter Crash
This farmer seems to understand science a bit more than the event organizer, Klaus Schwab.
Facebook turns 20: From Mark Zuckerberg's dormitory to a $1trn company
The Coolest Dictator in the World" on the Path to Victory in El Salvador
Macron, France and fake news
Indian-Origin Man 'King' Arrested For Smuggling $16 Million Drugs Into US
Can someone teach Americans that not every person with slanted eyes is Chinese?
Europe's Farmers Feeding the People, Protesting Against Politicians Who Do Nothing for Their Country and Serve Only Themselves at Taxpayers' Expense
Paris Restaurant That Inspired 'Ratatouille' Loses $1.6 Million Worth Of Wine
Brazilian Police Investigate Bolsonaro's Son for Alleged Illegal Spying
Police in Brazil Raid Residence of Bolsonaro Associate Over Allegations of Illegal Spying
Border Dispute Escalates as Texas Governor Vows Increased Razor Wire
OpenAI Enhances ChatGPT-4 Model, Potentially Addressing AI "Laziness" Issue
The NSA finally acknowledges spying on Americans by acquiring sensitive data
Report Reveals Toxic Telegram Group Generating X-Rated AI-Generated Fake Images of Taylor Swift
US Border Patrol States 'No Plans' to Remove Razor Wire Installed in Texas
Bitcoin Experiences Approximately 20% Decline in Value
Klaus Schwab recently appointed himself as the Earth's "trustee of the future."
DeSantis Drops Out, Endorses Trump.
Nikki Haley said former President Trump is "just not at the same level" of mental fitness as he was while president in 2016.
Residents of a southern Mexican town set the government palace on fire in response to the police killing of a young man
Samsung Launches AI-Driven Galaxy S24, Ushering in New Smartphone Era
Judge Questions SEC's Regulatory Overreach in Coinbase Lawsuit
The Ecuador prosecutor who was investigating the television studio attack, has been assassinated.
Is artificial intelligence the solution to cyber security threats?
Vivek Ramaswamy suspends his US election campaign and endorses Trump.
Viral Satire: A Staged Satirical Clip Mistaken as Real Footage from the 2024 World Economic Forum in Davos
The AI Revolution in the Workforce: CEOs at Davos Predict Major Job Cuts in 2024
Ecuador Reports 178 Hostages in Prison Gang Standoff
The Startling Cuban Espionage Case That Has Rattled the US Government
Two Armed Men in Ecuador, Dressed as Batman and The Joker Storm the Streets.
Armed Gang Raids Ecuadorian TV Station Following State of Emergency Declaration
Anti-Democratic Canada: Journalist Arrested for Questioning Canadian Finance Minister on Support of Terrorist Group
Ecuador's 'Most-Wanted' Criminal Vanishes from Prison
Mexican Cartel Supplied Wi-Fi to Locals Under Threat of Fatal Consequences for Non-Compliance
Border Surge Leads to Over 11,000 Migrants Waiting in Northern Mexico
Outsider Candidates Triumph in Latin American Elections
As Argentina Goes to the Polls, Will the Proposal to Replace the Peso with the Dollar Secure Votes?
Fatal Shark Attack Claims Life of Boston Woman Paddleboarding Near Bahamas Resort, According to Police
×