Failure to recognise same sex marriage is ‘unconstitutional’: Japan court

GENERAL OVERVIEW

• On Wednesday a Japanese Court for the first time in a landmark verdict ruled that the country’s failure to recognise same sex marriage is “unconstitutional”.
• The court was in favour of the couples who held the government responsible for violating their right to inequality as guaranteed under Article 14 of the Constitution.
• The lawsuit revolved around the interpretation of marriage in Article 24 which states that, "Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis."

FURTHER DETAILS

• Japan was the only among the G7 countries that didn’t recognize same-sex marriage. This is the first time that the Japan Court questioned the constitutionality of same-sex civil unions.
• In February 2019, 13 same-sex couples filed lawsuits filed lawsuits across 4 districts of Japan stating that denial of same-sex marriage violates their right to equality. Three couples in Hokkaido filed a lawsuit claiming 1 million yen each for psychological damage for not being able to marry legally, the Sapporo Court however denied their compensation claim.
• Judge Tomoko Takebe in the landmark ruling favoured the couples who claimed the violation of article 14, describing government’s failure to implement legal measures to offer “even a degree” of marital benefits to same-sex couples.
• The lawsuit revolved around article 24 of the constitution which interprets marriage as, "Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis”. However, Judge Takebe agreed with the government saying there was no violation of Article 24 as it was related to heterosexual marriage and did not include same-sex marriage.
• Some parts of the country in Japan issue “partnership certificates” that grant some rights to same-sex couples like helping them with rented places to live and hospital visitation rights however they still don’t get the same legal rights given to heterosexual couples.
• Homosexuality has been legal in Japan since 1880 and the country is found to be relatively liberal as compare to other Asian countries yet the social stigma is still prevalent in the country.
• This is an historical judgement in Japan as it proves to be a symbolic victory for the LGBTQ community. Ryosuke Kunimi, one of the plaintiff said, "The chief judge said that the discrimination based on the natural difference of sexuality is a violation of Article 14. I could not stop crying." Journalist and LGBTQ rights expert, Yuji Kitamaru said that the judgement was “well crafted and very strategic” and laid “one of the first legal foundations against anti-LGBTQ theories”.

This judgement was the turning point in the lives of LGBTQ Japanese. Although the court denied compensation the ruling was a triumph in itself. What do you think about this landmark verdict?

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