The ruling, which will be released on the 14th, will likely serve as a turning point for Japan to legalize same-sex marriage. According to Japan’s Kyodo News on the 10th, a ruling is scheduled on the 14th to determine whether the current civil law, which does not recognize same-sex marriage, violates the Constitution that guarantees freedom and equal rights of marriage. They were made at the Sapporo High Court and the Tokyo District Court. The two court rulings are important because they are the first high court ruling in connection with same-sex marriage in Sapporo. The Tokyo District Court’s ruling is the final ruling on five different district courts. Previously, same-sex marriage lawsuits were filed in five local courts in Tokyo, Nagoya, Sapporo, Fukuoka, and Osaka, of which Sapporo and Nagoya rejected claims for damages against the state, but ruled that disapproval of same-sex marriage is unconstitutional. The remaining three ruled that they were constitutional. However, family views are diversifying in Japan recently, and some of the places that have ruled constitutional are operating a partnership system, drawing keen attention. Both courts have similar issues. It will be seen whether they violate Article 14 (1) of the Constitution, which stipulates equality under the law, or Article 24 (2) which emphasizes essential equality of individual dignity and gender. It remains to be seen whether the state will be liable for damages in this regard.
The plaintiffs who filed the lawsuit earlier filed a lawsuit against the state, claiming that same-sex couples cannot get legal effects such as inheritance or deduction of spouses, and that they are subject to discriminatory treatment compared to opposite-sex couples, which causes serious infringement of their rights. The argument goes against the principle that the Japanese Constitution guarantees freedom of marriage in Article 24. The state, on the other hand, has maintained that the Constitution does not guarantee marriage between same-sex people. As Article 24 stipulates that marriage is based only on agreement between 兩, the Japanese Constitution argues that same-sex marriage is not subject to marriage. Meanwhile, Japan is the only country among the G7 (seven advanced countries’ economic and security council) that does not allow same-sex marriage. The Netherlands (2001) became the first country in the world to legally approve same-sex marriage, and it has since been allowed in Belgium, Spain, Canada, South Africa, Portugal, Denmark, New Zealand, France, and the U.S. Japan has not legalized same-sex marriage yet, but Tokyo and elsewhere operate a partnership system. If an LGBTQ couple who have sworn partnership presents a certificate, it is possible to visit a hospital, move into a rental house for family members, or have family discounts. In Korea, a “Living Partnership Act” similar to the “Partnership System” introduced in Tokyo, Japan, has been proposed in the National Assembly.
The law is not limited to LGBTQ people, but also includes couples living together. In 2014, Rep. Jin Sun-mi (Democratic Party of Korea, Gangdong-gu A) proposed a draft, but failed to propose it, and Rep. Yong Hye-in (Basic Income Party, Proportional) proposed the law last year.
SALLY LEE
US ASIA JOURNAL
