EPA Demonstration in Tokyo against the ban on gay marriage
NOS Nieuws•gisteren, 21:35
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Anoma van der Veere
Correspondent Japan
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Anoma van der Veere
Correspondent Japan
“The verdict was better than I expected, I immediately cried,” Ryosuke Kunimi told journalists gathered outside the Sapporo High Court in Japan. He is one of the activists who sued the government over the national ban on same-sex marriage. The judge agreed with them and said that the ban is against the constitution and discriminates against sexual minorities without any logical basis.
It is unprecedentedly strong wording and therefore a major victory for Japanese gay couples. “I hope that national parliamentarians will see this decision and make the right decision,” Kunimi continued.
At the same time, the Tokyo Regional Court made a similar ruling. There, the judge determined that the ban “is in an unconstitutional state.” The ruling is ambiguous, but for now a victory for gay rights activists. The ruling took place in the most populous region of Japan.
Growing support for same-sex marriage
Gay couples have filed six lawsuits against the government in five districts. The argument is that the ban violates the constitutional rights of sexual minorities. Judgments have now been given in all cases: only one court, in Osaka, finds that the ban is not contrary to the constitution. The other courts partially or completely ruled in favor of the plaintiffs.
It reflects a broader development in Japan, where public support for same-sex marriage is growing. According to a recent poll by the conservative newspaper Sankei Shimbun, seven out of ten Japanese say they are in favor of legalization. Support is even greater among young people. Among 18 to 29 year olds, 91 percent say the ban should be lifted.
Japan is currently the only G7 country without legal protections for gay couples. For example, they cannot get shared mortgages, and landlords may refuse couples on the grounds of orientation. Employers may turn away potential candidates because of their orientation.
Partners are also regularly refused visits in the event of accidents and hospitalization because they are not officially family. Making decisions about necessary care is excluded. In the event of death, partners have no inheritance rights.
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At local level, policymakers are therefore taking matters into their own hands. According to nonprofit Marriage for All 397 municipalities have introduced a registered partnership system. However, because national recognition is lacking, registration provides few benefits.
Hope among activists
The mounting court rulings have increased pressure on the government to legalize same-sex marriage. But Prime Minister Fumio Kishida has struggled to implement reforms, mainly due to opposition from his own party. Politicians from the conservative-right LDP have repeatedly spoken out against change. Former State Secretary Mio Sugita called LGBTI people “unproductive” for society.
Despite this, the Prime Minister tried to pass a bill in 2021 to protect LGBTI people from discrimination. After much criticism within the party, a watered-down version was eventually adopted that calls for “promoting understanding for sexual minorities” but offers no legal protection. Activists were furious because the wording of the law considers “appropriate discrimination for the sake of the peace of mind of society” legal.
Today’s double ruling provides hope for activists. “Equal rights have come one step closer,” Professor Masayuki Tanimura told public broadcaster NHK. “The wording is important. It makes it clear that at the heart of marriage is the right to mutual support between people, regardless of their gender,” he explains.
The ruling also points out that the discrimination that gay couples now experience will not be resolved unless they acquire the right to marriage. “Parliament must discuss these two rulings as soon as possible,” Tanimura said.
With the ruling, the Sapporo High Court sets an important precedent. According to the judge, “the introduction of same-sex marriage has no disadvantages or harmful consequences” for society. In doing so, the court appears to be responding directly to conservative concerns.
The same tone was sounded in Tokyo: “Given international trends and changes in public opinion, the traditional position that marriage is only for opposite-sex couples is being shaken,” Judge Tomoyuki Tobisawa noted as he delivered his verdict. “The absence of a system in which same-sex couples are recognized through marriage is contrary to the constitution, which must guarantee dignity of the individual and the substantive equality of both sexes.”
2024-03-14 20:35:07
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