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Japanese Court Upholds Ban on Same-Sex Marriage, but Opens Door for Legislative Change
On September 29, 2023, the Fukuoka District Court rejected claims by three same-sex couples that Japan‘s ban on same-sex marriage was unconstitutional. The court’s decision upheld the current interpretation of the Japanese Civil Code, which specifies that marriage must be between a man and a woman. Despite the ruling’s disappointing outcome for the LGBTQI+ community in Japan, it provides some scope for optimism.
Court’s Reasoning
In its decision, the Fukuoka court stated that Japan‘s ban on same-sex marriage was not unconstitutional and dismissed damages sought by the three couples. It acknowledged that there was a need for legislative change to adapt to the changing dynamics of Japanese society in relation to the recognition of same-sex marriage. However, the court did not see itself as able to take on this responsibility.
Rulings in Other District Courts
The Fukuoka decision aligns with the Tokyo District Court’s decision in November 2022. The Tokyo court also found that the ban on same-sex marriage was not unconstitutional, while at the same time acknowledging that it went against Article 24(2) of the Constitution.
However, earlier this year, the Nagoya District Court ruled that the lack of legal recognition of same-sex marriage was unconstitutional. This ruling marks the second time a Japanese court has ruled in favor of same-sex marriage. In March 2021, the Sapporo District Court also ruled that the denial of same-sex marriage was unconstitutional. Although these rulings have not yet led to legislative changes, they have relied on an interpretation of Japan‘s Constitution that may eventually help to bring about progress in the fight for equal marriage rights.
Amnesty International’s Response
Shinya Takeda, Amnesty International Japan‘s Campaigns Manager, welcomed the Fukuoka court’s ruling as a sign of progress. While expressing some disappointment, Takeda emphasized that the court’s decision underscored the need for legal reform in Japan to ensure that same-sex couples benefit from the same rights as heterosexual couples. Takeda also highlighted the importance of national legislation to eliminate discrimination based on sexual orientation, gender identity, and intersex status.
Advice for the Japanese Government
The Fukuoka ruling sends a clear message to the Japanese government and the Diet that more needs to be done to combat the discrimination faced by LGBTQI+ people in Japanese society. It is essential that the government prioritize LGBTQI+ rights and introduce national legislation that is comprehensive and specifically prohibits discrimination based on sexual orientation, gender identity, and intersex status.
The Japanese government should also look towards its neighbors in the Asia-Pacific region, where several countries have made significant progress towards equal marriage rights. Taiwan, for example, became the first country in Asia to legalize same-sex marriage in 2019, while recently, New Zealand and Australia both passed legislation granting same-sex couples wider legal rights.
Conclusion:
Japan’s ban on same-sex marriage continues to violate the human rights of same-sex couples. While the Fukuoka court’s ruling may seem like a setback, it provides some hope for legislative change. Real change in Japan‘s legal landscape will only come about through the government’s commitment to reform. Providing same-sex couples with the same rights as heterosexual couples is not only morally right but also a necessary step towards equality. Discrimination must not be tolerated, and the Japanese government must act now to protect and respect the rights of all individuals, regardless of their sexual orientation and gender identity.
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