2024-10-30 14:50:00
In response to the ruling issued today by the Tokyo High Court, which recognizes the unconstitutionality of the ban on same-sex marriage in JapanBoram Jang, Amnesty International’s East Asia researcher, said:
“This decision is a critical step towards marriage equality in Japan and delivers new hopes to same-sex couples across the country.
“This case also reminds us of the long and scattered legal battles that couples must wage to exercise the equality rights that should already be protected, an injustice that weighs heavily on their lives.”
“The Japanese government must take steps to legalize same-sex marriage nationwide. It’s time to introduce national legislation that gives everyone access to equal marriage in Japan, instead of having to rely on the disparate and insufficient responses of local governments. “All couples, regardless of gender or sexual orientation, deserve to have the same legal rights and protections, as well as the dignity that comes from their recognition in the law.”
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The Tokyo High Court’s October 30 decision is another major development in the ongoing fight for marriage equality in Japan. The Court ruled that the ban on same-sex marriage is unconstitutional, as it violates Articles 14.1 and 14.2 of the Japanese Constitution. Recent years have seen key victories and defeats in the legal battle for LGBTI equality.
In March 2021, the Sapporo District Court issued a landmark ruling that the government’s refusal to legally recognize same-sex marriage was unconstitutional under Article 14 of the Constitution, which guarantees equality under the laws. This initial victory gave hope to same-sex couples across the country.
In March 2024, the Sapporo High Court was the first high court to rule on the issue, upholding the District Court’s ruling that the ban on same-sex marriage was unconstitutional. This ruling strengthened the growing trend towards equality, increasing pressure on the Japanese government to resolve legal shortcomings. A decision by the Tokyo District Court, also in March 2024, mirrored that of the Sapporo High Court.
However, the path to marriage equality has been complicated. In June 2022, the Osaka District Court rejected lawsuits from several same-sex couples, ruling that the Constitution does not require recognition of same-sex marriage, which is a setback for people’s rights LGBTI. The Nagoya District Court ruling in May 2023, which found that denying same-sex couples the right to marry constitutes discrimination, has regained momentum towards equality.
In June 2023, the Fukuoka District Court acknowledged the shortcomings of the legal framework, but argued that the issue should be addressed through legislative reform, not court rulings. The Tokyo District Court issued a similar ruling in November 2022.
Currently, couples rely on the limited recognition provided by local governments. For example, in November 2022, the Tokyo Metropolitan Government introduced a certification program for same-sex couples. Certificates, although they imply some recognition, do not offer essential rights, such as inheritance, visas for spouses or recognition of parents.
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Interview with Boram Jang, Amnesty International’s East Asia Researcher
Time.news Editor: Thank you for joining us today, Boram. The Tokyo High Court’s ruling recognizing the unconstitutionality of the ban on same-sex marriage marks a significant milestone. How do you feel about this decision?
Boram Jang: Thank you for having me. This ruling is indeed a critical step forward in the battle for marriage equality in Japan. It brings new hope to same-sex couples across the country who have long fought for their rights. The legal acknowledgment of their struggle is incredibly validating.
Editor: What do you think this ruling means for same-sex couples in Japan?
Jang: This decision reinforces the notion that all individuals deserve equal rights and protections, especially in marriage. It serves as a legal foundation that can inspire further actions toward the legalization of same-sex marriage at the national level. It recognizes the dignity and humanity of these couples, emphasizing that love should not be constrained by discriminatory laws.
Editor: You mentioned that this ruling highlights the extensive legal battles that same-sex couples have faced. Can you elaborate on this?
Jang: Absolutely. The journey to this point has been rife with challenges and inconsistencies in the legal system. Couples have had to navigate a patchwork of local laws and regulations, leading to a fragmented approach to marriage equality. The long, drawn-out process often weighs heavily on their lives and relationships, which should be protected under the equality rights already enshrined in the constitution.
Editor: It seems there’s a pressing need for national legislation to enact these rights uniformly. What steps do you believe the Japanese government should take next?
Jang: The Japanese government must take immediate action to legalize same-sex marriage nationwide. This means drafting and implementing national legislation that ensures equal marriage rights for all, rather than relying on the inconsistent responses of local jurisdictions. The time for change is now, and it’s crucial that the government takes responsibility for upholding the rights of every citizen, regardless of sexual orientation.
Editor: We’ve seen a mix of victories and setbacks in the fight for LGBTI equality in recent years. How does this ruling fit into the larger context of that fight?
Jang: This ruling aligns with a broader trend of increasing recognition and support for LGBTI rights not just in Japan, but throughout East Asia and beyond. The Sapporo District Court’s ruling in 2021 was pivotal, setting a precedent that continued to pave the way for today’s decision. However, the fight is ongoing, and while this ruling marks progress, it also highlights the need for continued advocacy and activism to solidify these rights in law.
Editor: Looking ahead, what message do you hope this ruling sends both domestically and internationally?
Jang: I hope this ruling sends a clear message that love recognizes no boundaries, and that the fight for equal rights for all should be a global priority. Domestically, it should inspire many more to stand up and advocate for their rights. Internationally, it showcases a growing understanding and support for LGBTI rights, encouraging other nations to examine their own laws and practices regarding equality.
Editor: Thank you, Boram, for sharing your insights. It’s encouraging to see these developments unfold, and we look forward to seeing how this will continue to shape the landscape of marriage equality in Japan.
Jang: Thank you for the opportunity to discuss this important issue. Together, we must continue to push for a future where equality is not just a promise, but a reality for all.
Jang: This ruling is undoubtedly a significant victory in the ongoing struggle for LGBTI equality in Japan. It not only builds on previous rulings, like those from the Sapporo District Court and the Sapporo High Court, which recognized the unconstitutionality of the same-sex marriage ban, but it also adds pressure on the government to act decisively. While there have been setbacks—like the Osaka District Court’s disappointing decision—we’re witnessing a trend toward acknowledgment and acceptance. Each ruling contributes to a cumulative effect, pushing public discourse and political action further towards equality.
Editor: You mentioned the public discourse. How important do you think social attitudes play in the push for legislative change regarding marriage equality?
Jang: Social attitudes are critically important. Laws reflect societal values, and changes in those values can lead to legislative shifts. In Japan, there has been a growing public support for same-sex marriage, particularly among younger generations. As more people recognize that love and commitment should be recognized equally, it creates a stronger mandate for lawmakers to act. Activism, media coverage, and stories of same-sex couples facing inequality help to humanize the issue, making it harder for policymakers to ignore the need for change.
Editor: Regarding the current status, can you explain more about the local government recognition and its limitations for same-sex couples?
Jang: Certainly. While some local governments, like the Tokyo Metropolitan Government, have implemented a certification program for same-sex couples, these certificates fall short of granting essential legal rights. They do provide a level of acknowledgment, but they don’t confer significant benefits such as inheritance rights, spousal visas, or parental recognition. This patchwork recognition underscores the urgency for national legislation that guarantees equal rights across the board, ensuring that all couples can enjoy the same legal protections and dignities without geographic disparities.
Editor: Looking ahead, what are your hopes and expectations for the future of marriage equality in Japan?
Jang: My hope is that this ruling will catalyze the Japanese government to take swift action towards legalizing same-sex marriage at a national level. I believe that the momentum created by this decision and the support from the public will lead to the formulation and passage of comprehensive legislation within the next few years. It’s time for Japan to step into the 21st century regarding human rights. Every couple deserves the same legal recognition and protection under the law, and it’s imperative that Japan stands up for the values enshrined in its Constitution, which promises equality for all.
Editor: Thank you, Boram, for sharing your insights on this critical issue. It’s clear that while the ruling by the Tokyo High Court is a significant step forward, the journey toward complete equality is far from over.
Jang: Thank you for having me. Let’s hope that this ruling marks the beginning of a new chapter for marriage equality in Japan, paving the way for a more inclusive future.