Japan court says ban on same-sex marriage constitutional

Jun 19, 2022, 7:50 PM | Updated: Jun 20, 2022, 6:07 pm
Plaintiffs speak to journalists after a court ruling in Osaka, western Japan Monday, June 20, 2022....

Plaintiffs speak to journalists after a court ruling in Osaka, western Japan Monday, June 20, 2022. The Osaka District Court ruled Monday that the country’s ban on same-sex marriage does not violate the constitution, and rejected demands for compensation by three couples who said their right to free union and equality has been violated. (Kyodo News via AP)

(Kyodo News via AP)

TOKYO (AP) — A Japanese court ruled Monday that the country’s ban on same-sex marriage does not violate the constitution, and rejected demands for compensation by three couples who said their right to free union and equality has been violated.

The Osaka District Court ruling is the second decision on the issue, and disagrees with a ruling last year by a Sapporo court that found the ban on same-sex marriages unconstitutional. It underscores how divisive the issue remains in Japan, the only member of the Group of Seven major industrialized nations that does not recognize same-sex unions.

In its ruling, the Osaka court rejected the plaintiffs’ demand for 1 million yen ($7,400) in damages per couple for discrimination they face.

The plaintiffs — two male couples and one female couple — were among 14 same-sex couples who filed lawsuits against the government in five major cities — Sapporo, Tokyo, Nagoya, Fukuoka and Osaka — in 2019 for violating rights to free union and equality.

They argued that they have been illegally discriminated against by being deprived of the same economic and legal benefits that heterosexual couples enjoy through marriage.

Support for sexual diversity has grown slowly in Japan, but legal protections are still lacking for lesbian, gay, bisexual and transgender people. LGBTQ people often face discrimination at school, work and at home, causing many to hide their sexual identities.

Rights groups had pushed for passage of an equality act ahead of last summer’s Tokyo Olympics, when international attention was focused on Japan, but the bill was quashed by the conservative governing party.

The Osaka court on Monday said freedom of marriage in the 1947 constitution only means male-female unions and does not include those of the same sex, and therefore banning same-sex marriages is not unconstitutional.

Judge Fumi Doi said marriage for heterosexual couples is a system established by society to protect a relationship between men and women who bear and raise children, and that ways to protect same-sex relationships are still undergoing public debate.

The court, however, urged the parliament to seek methods to better protect same-sex relationships, including options to legalize same-sex marriage.

Monday’s ruling was a setback for activists who were hoping to further pressure the government after the ruling by the Sapporo district court in March 2021.

The plaintiffs and their lawyers called Monday’s ruling unacceptable and said they would appeal.

Akiyoshi Tanaka, a plaintiff, said at a news conference that they took legal action to obtain backing from the judicial process for parliament to take action, but “the court stayed away from making a decision.”

He said he will keep fighting. “We don’t have time to feel discouraged,” he added.

Public opinion in Japan currently favors legalizing same-sex marriage.

Under current rules in Japan, same-sex couples cannot inherit each other’s property, house or other assets they share, and have no parental rights over each other’s children. They are often barred from renting apartments together, and from hospital visits and other services available to married couples.

More than 200 municipalities across Japan, or 12% of the total, have begun issuing non-legally binding partnership certificates to same-sex couples since Tokyo’s Shibuya district became the first to do so in 2015.

The Tokyo metropolitan government recently adopted a plan to accept registrations starting in October from sexual-minority couples seeking certificates of their partnerships.

Still, this is not the same as a marriage certificate and does not provide equal legal protection.

Taiwan is the only Asian nation or territory that has legalized same-sex marriage.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

fishery...
Associated Press

Much of drought-plagued West Coast faces salmon fishing ban

The surreal and desperate scramble boosted the survival rate of the hatchery-raised fish, but still it was not enough to reverse the declining stocks in the face of added challenges.
3 days ago
UCLA's Jaime Jaquez Jr. (24) shoots while defended by Gonzaga's Rasir Bolton (45) in the first half...
Associated Press

Gonzaga beats UCLA 79-76 in Sweet 16 on Strawther’s shot

Julian Strawther hit a 3-pointer with 6 seconds left to answer a 3-pointer by UCLA's Amari Bailey, lifting Gonzaga to a wild 79-76 NCAA Tournament win over UCLA Thursday night in the Sweet 16.
3 days ago
transportation...
Associated Press

Officials: Safety device, human error derailed Wash. train

A safety device failed, knocking a train off the tracks last week, spilling diesel after leaving an oil refinery in Anacortes.
3 days ago
File - Credit cards as seen July 1, 2021, in Orlando, Fla. A low credit score can hurt your ability...
Associated Press

What the Fed rate increase means for your credit card bill

The Federal Reserve raised its key rate by another quarter point Wednesday, bringing it to the highest level in 15 years as part of an ongoing effort to ease inflation by making borrowing more expensive.
4 days ago
police lights distracted drivers shooting...
Associated Press

Authorities: Missing mom, daughter in Washington found dead

A missing Washington state woman and her daughter were found dead Wednesday, according to police.
4 days ago
Google...
Associated Press

Google’s artificially intelligent ‘Bard’ set for next stage

Google announced Tuesday it's allowing more people to interact with “ Bard,” the artificially intelligent chatbot the company is building to counter Microsoft's early lead in a pivotal battleground of technology.
5 days ago

Sponsored Articles

Emergency Preparedness...

Prepare for the next disaster at the Emergency Preparedness Conference

Being prepared before the next emergency arrives is key to preserving businesses and organizations of many kinds.
SHIBA volunteer...

Volunteer to help people understand their Medicare options!

If you’re retired or getting ready to retire and looking for new ways to stay active, becoming a SHIBA volunteer could be for you!
safety from crime...

As crime increases, our safety measures must too

It's easy to be accused of fearmongering regarding crime, but Seattle residents might have good reason to be concerned for their safety.
Comcast Ready for Business Fund...
Ilona Lohrey | President and CEO, GSBA

GSBA is closing the disparity gap with Ready for Business Fund

GSBA, Comcast, and other partners are working to address disparities in access to financial resources with the Ready for Business fund.
SHIBA WA...

Medicare open enrollment is here and SHIBA can help!

The SHIBA program – part of the Office of the Insurance Commissioner – is ready to help with your Medicare open enrollment decisions.
Lake Washington Windows...

Choosing Best Windows for Your Home

Lake Washington Windows and Doors is a local window dealer offering the exclusive Leak Armor installation.
Japan court says ban on same-sex marriage constitutional