Same-sex marriage in Japan is not recognized legally. Same-sex couples do not have the right to inherit each other’s property or assets, and have no parental rights over their partners’ children. They face discrimination in public and have difficulty with rights that many in the US take for granted, such as apartment rentals, and visiting a partner in the hospital. LGBTQ people in Japan face discrimination at school, work and at home, causing many to conceal their sexual identities.
In an Osaka District Court case that challenged Japan’s stance on same-sex marriage, the court ruled on Monday that the same-sex marriage ban is not unconstitutional. In the case, three couples asked for compensation for violation of their rights. Their demands were rejected by the court.
The court said that Japan’s 1947 constitution defines marriage as a union between a male and a female. The judge stated that heterosexual marriage protects couples and their children. The rights of gay couples are still undecided under the law. The court suggested that the legislature should settle the legal issues of same-sex relationships and marriage.
Article 24 of the Japanese Constitution, says, “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.”
The judge said, “it may be possible to create a new system ensuring the interests of same-sex couples.”
The ruling was a blow to LGBTQ rights activists in Japan.
Public opinion is split in Japan, with most people being in favor of legalizing same-sex marriage. Court rulings are split too. A Sapporo court ruled last year that the ban on same-sex marriages is unconstitutional, the opposite of Monday’s ruling in Osaka.
With pressure from the public, many cities in Japan have started to issue “partnership certificates.” These are not marriage certificates, and do not offer these couples any legal protection, but help them rent apartments together and make hospital visits less of a hassle.
The only country or territory in Asia that has legalized same-sex marriage is Taiwan. Japan is the only one of the seven major industrialized nations that does not allow same-sex marriage.
The plaintiffs, two male couples and one female couple, and their lawyers called the court’s ruling unacceptable and said they will appeal to a higher court. They were hoping to get support from the court to put pressure on the legislature.