Japan

[Rick]

Japan: Court Upholds Ban on Same-Sex Marriage but Voices Concern over Rights

On 30 November 2022, the Tokyo District Court said that a lack of legal protection for same-sex families violated their human rights, a comment plaintiffs welcomed as a partial victory for LGBTQ couples. But otherwise, the court stated that the ban was constitutional.
https://www.nbcnews.com/news/world/japan-tokyo-co...

 

Rick

 

 

[Rick]

Japan: Plaintiffs Appeal Tokyo Court Ruling on Same-Sex Marriage

On 13 December 2022, 7 of the 8 plaintiffs appealed a Tokyo court ruling that concluded that the government's ban on same-sex marriage is constitutional. The Tokyo District Court rejected their damages claim but said in its 30 November ruling that the existing legal system of not allowing same-sex couples to marry and become a family is in a "state of unconstitutionality" that infringes upon their human rights.

In the lawsuit filed in February 2019, the eight plaintiffs, including same-sex couples, argued that the ban on same-sex marriage violates the Constitution, which ensures the right to equality and guarantees the freedom to marry.

Among the plaintiffs appealing are Haru Ono and Asami Nishikawa, a couple who have withheld their real names. They are raising three children together from their former marriages to men. "We want the court to clearly state that it is 'unconstitutional' so we can live as an ordinary family," Ono said at a news conference after filing the appeal.

While Article 24 of the Constitution stipulates "Marriage shall be based only on the mutual consent of both sexes," the ruling said the lack of a legal framework for same-sex couples to constitute a family is "a grave threat and obstacle" to their right to live. But the court said that whatever system of marriage should be created is up to the legislature, and that because it is possible to envision approaches other than that of including same-sex marriage into the current framework, it could not state that the present circumstances are unconstitutional.
https://www.japantimes.co.jp/news/2022/12/13/nati...

Rick

 

[Rick]

Japan: Main Opposition CDP Submits Marriage Equality Bill to Parliament

On 6 March 2023, Japan’s leading opposition party submitted a bill to parliament to legally recognize same-sex marriage in an effort to spur debate on the issue. The Constitutional Democratic Party’s bill proposes amending wording in the country’s Civil Code that was written on the premise that marriage be a union between partners of different sexes. Since February, issues surrounding sexual minorities have attracted more public attention after Prime Minister Fumio Kishida sacked one of his executive secretaries who said he would “not want to live next door” to an LGBTQ couple and does “not even want to look at” LGBTQ people.

In June 2019, the predecessor party of CDP jointly proposed, along with the Japanese Communist Party and the Social Democratic Party, a bill aimed at legalizing same-sex marriage. But, the Diet session at the time closed without it being deliberated.
https://www.japantimes.co.jp/news/2023/03/06/nati...

Rick

 

[Rick]

Japan: 49 More Municipalities Offering Same-Sex Partnership Registrations

On 1 April 2023, an additional 49 municipalities began offering partnership registration to LGBT couples, bringing the current total to 309 municipalities out of 1719. At the same time, 12 of 47 prefectures also offer same-sex couple registration, with 2 more prefectures slated to begin doing so later this year.
https://twitter.com/LGBTMarriage/status/164420315...

Rick

 

[Rick]

Japan: Nagoya District Court Rules that Same-Sex Marriage Ban Is Unconstitutional

On 30 May 2023, a Japanese court became the country's second to rule that the lack of legal recognition of same-sex marriage is unconstitutional, in a move likely to add pressure on the government to accelerate efforts to do more to protect sexual minorities.

However, the Nagoya District Court, ruling on a lawsuit filed in February 2019 by a male couple in their 30s from Aichi Prefecture, after their attempt to register as a married couple was not accepted, dismissed their demand for the state to pay them each 1 million yen ($7,100) in compensation, and also stopped short of acknowledging that the legislative body had neglected to take action.

Still, the ruling said that current laws in Japan do not "even provide a framework to protect the relationships of same-sex couples," thus violating Article 14 of the Constitution, which ensures the right to equality, as well as violating Article 24 of the Constitution, one that guarantees the freedom of marriage.

This latest ruling, the fourth among five similar lawsuits, follows the Sapporo District Court's landmark verdict of March 2021 that said that not recognizing same-sex marriage under civil and family registration laws violates Article 14 of the Constitution.The Nagoya District Court ruling, however, is the first to acknowledge the violation of multiple constitutional articles over this same issue.

As for Article 24, the Nagoya court acknowledged a violation of the section that states that laws concerning matters pertaining to marriage and family "shall be enacted from the standpoint of individual dignity and the essential equality of the sexes."
https://english.kyodonews.net/news/2023/05/74a203...

The fifth district court, that of Fukuoka, has yet to rule on the case before it; likewise, the sixth, another case before the Tokyo District Court, remains pending.

As for the other two marriage equality rulings, on 13 December 2022, 7 of the 8 plaintiffs appealed a Tokyo court ruling that concluded that the government's ban on same-sex marriage is constitutional. The Tokyo District Court rejected the damage claim, but said in its 30 November ruling that the existing legal system of not allowing same-sex couples to marry and become a family is in a "state of unconstitutionality" that infringes upon their human rights, but did not cite a particular constitutional Article that it may have violated.

https://www.japantimes.co.jp/news/2022/12/13/nati...

The Osaka District Court ruled on 20 June 2022 that the ban on same-sex marriage is not unconstitutional.
https://www.washingtonblade.com/2022/06/20/distri...

Rick

Edited June 3, 2023 by Rick

[Rick]

Fukuoka, Japan: Law Barring Same-Sex Couples from Marrying Is Unconstitutional

On 7 June 2023, the Fukuoka District Court has ruled that barring same-sex couples from marrying is unconstitutional.

This is the fifth marriage equality ruling from a Japanese District Court, out of a total of six. Of those, it is the third such court to rule that barring same-sex couples from marrying to be unconstitutional, and follows behind similar rulings from the District Courts in Sapporo and Nagoya.

The fourth court, that of Tokyo, tried to have it both ways, by ruling right down the middle. It complained about certain shortcomings in the current marriage law, but stopped short of declaring any unconstitutionality. This ruling has been appealed. Only the District Court in Osaka upheld the current marriage law and its procedure as being constitutional.
https://twitter.com/LGBTMarriage/status/166663273...

Per NHK news bulletin:

The Fukuoka District Court, in a lawsuit filed by a same-sex couple, ruled that not recognizing same-sex marriage is unconstitutional.
https://twitter.com/nhk_news/status/1666631723780..

Ruck

 

[Rick]

Japan: Supreme Court Rules in Favor of Trans Worker in Bathroom Use Case

On 11 July 2023, in an historic decision for trans rights, Japan’s Supreme Court has ruled that a government ministry cannot ban a trans employee from using the women’s restroom at work.

The unanimous ruling came after a 50-something trans woman, who chose to remain anonymous, sued the Economy and Trade Ministry for relegating her to the men’s restroom, or to a women’s bathroom two floors away. The thinking behind allowing her to use a women’s room on a different floor was that she would not run into her co-workers there. The ministry was reportedly trying to prevent her coworkers from feeling embarrassed.

The court called the restrictions “extremely inappropriate,” as well as an “abuse of power” that was “unjustly neglecting the plaintiff’s inconvenience” while being overly considerate to the other employees (there had reportedly never been a complaint from a co-worker).

All people should have the right to live their lives in society based on their own sexual identities,” said the anonymous plaintiff after securing her victory. “The significance of that should not be reduced to the usage of toilets or public baths.” According to ABC News, this is the court’s first-ever ruling on working environments for LGBTQ people.

Right now, trans people in the country cannot legally change their gender without undergoing gender-affirming surgery. According to Equaldex, there are no anti-LGBTQ discrimination protections in housing, conversion therapy is not banned, and non-binary genders are not legally recognized. It describes Japanese adoption laws for LGBTQ people as “ambiguous.”
https://www.lgbtqnation.com/2023/07/japanese-supr...

Rick

 

[Rick]

Japan: 3 More Prefectures to Offer Registries for Same-Sex Partnerships

Starting tomorrow, 1 September 2023, Gifu Prefecture becomes the 14th prefecture (of 47) with an active registry for same-sex partners. While these registries are not legally binding, they can allow couples to access certain government services and housing. Two more prefectures, Shimane and Tottori, are set to begin registering couples in October.
https://news.yahoo.co.jp/articles/34c04021a61ec16...

Rick

 

[Rick]

Japan: Court Rules Surgical Requirement to Change Gender Unconstitutional

A Japanese law requiring transgender people to undergo surgery in order to change their gender on documents has been declared unconstitutional. On 11 October 2023, a family court in Hamamatsu, a city in the country’s Shizuoka prefecture, ruled in favor of Gen Suzuki, a 48-year-old transgender man who filed a lawsuit in 2021 seeking to change his gender on official documents without having to undergo gender-affirmation surgery.

As Nippon.com notes, a 2004 Japanese law mandates the absence of reproductive organs in order to change one’s gender on official documents, effectively requiring trans people to undergo surgery. The country’s Supreme Court ruled in 2019 that the requirement was “constitutional at this moment.”

Shizuoka argued that the law was both inhumane and unconstitutional. The court agreed with him, noting that the surgery required under the law would cause irreversible loss of reproductive function, raising questions about the law’s “necessity and rationality.” The court characterized the law as outdated and counter to efforts to create a more inclusive society amid growing acceptance of gender diversity.

This ruling sets a limited precedent. But a similar case before Japan’s Supreme Court could set legal precedent nationally. A decision in that case is expected in December.
https://www.lgbtqnation.com/2023/10/japanese-cour...

Rick

 

[Rick]

Japan Supreme Court: Transgender Sterilization Requirement Ruled Unconstitutional

On 25 October 2023, Japan's Supreme Court ruled that it is unconstitutional to require citizens to be sterilized before they can officially change genders. The 2004 law had said that people could only change their gender if they have no reproductive capacity.

The definitive court ruling striking down said requirement came after a transgender woman filed a petition challenging the law. The judgment upholds the rights to health, privacy, and bodily autonomy for trans people in Japan, and reverses a 2019 verdict by the court which found the same law to be constitutional.

Earlier this month, in a separate case, a local family court ruled in favor of a transgender man, Gen Suzuki, who had requested to have his gender legally changed without his undergoing surgery. The family court judge, Takehiro Sekiguchi, said current law violated Article 13 of the Constitution, stipulating that all persons shall be respected as individuals.
https://www.bbc.co.uk/news/world-asia-67213374

Rick

 

[Rick]

Japan: Another New Marriage Equality Recognition Lawsuit

Per LGBT Marriage News:

A Japanese/French couple who married in France have petitioned a family court to order the Amagasaki city government to accept their marriage registration. They are both listed as women on official documents. Rei Watanabe Prosper, a Japanese national working as a screen and stage actor in France, and Coralie Watanabe Prosper, a French screenwriter, director, and filmmaker, both in their 30s, were married in 2018 under France’s “marriage for all” law, which recognizes same-sex marriages.

The couple submitted their French marriage certificate and marriage registration to the Amagasaki city government earlier in 2023 in accordance with Japan’s Family Registration Law. The law stipulates that Japanese citizens who married abroad must submit their marriage certificate to the mayor of their registered domicile’s municipality. However, the city government refused to accept the documents, citing a 2014 Justice Ministry opinion that stated “the Civil Law naturally assumes marriage to be between a man and a woman, and therefore acceptance is inappropriate.”

In response, the couple filed a petition with Kobe Family Court’s Amagasaki branch, arguing that their treatment has been unreasonable and discriminatory, and demanding that the city government promptly accept their marriage certificate. Rei and Coralie’s case features the argument that their marriage should be recognized under the current Family Registration Law system. The couple is also considering having children in the future. But if they return to Japan and if Rei gives birth to their child, the parent-child relationship between Coralie and the child would not be recognized.

https://www.asahi.com/ajw/articles/15056491

Rick

Edited November 16, 2023 by Rick

[Rick]

Japan: 8 More Prefectures to Issue Partnership Certificates to Same-Sex Couples in 2024

Per LGBT Marriage News:

Niigata and Yamagata Prefectures are the latest to announce that they will introduce partnership certificates for same-sex couples starting in 2024. Together with 6 other prefectures whose certificates will also come into effect in 2024, that will bring the total to 24 of 47 prefectures that have recognized same-sex couples by issuing such, alongside hundreds of additional municipalities.

https://lgbtmarriage.substack.com/p/catholic-church-oks-same-sex-blessings?r=ze9o&utm_campaign=post&utm_medium=web

Rick

 

[Rick]

Japan: Court Approves Gender Change Request without Requiring Surgery

Per LGBT Marriage News:

On 7 February 2024, a court in western Japan approved a transgender man's request to have his gender changed in official records without undergoing sterilization surgery, the first known ruling of its kind since the country's Supreme Court, in October 2023, struck down a surgery requirement for such official record changes.

The Okayama Family Court’s Tsuyama Branch said Tacaquito Usui, 50, can have the gender listed for him in his family registry up-dated to that of male. Usui's original application for the revision was rejected five years ago.

https://japantoday.com/category/national/japan-court-approves-a-transgender-man's-request-for-legal-recognition-without-needing-surgery

 

Japan: Same-Sex Couple in Sendai to Seek Court Order Allowing their Marriage, Case #7

In the city of Sendai, a same-sex couple plans to ask a court to order city officials to accept their marriage registration form, calling for recognition of same-sex marriages. “We want society to face the reality that sexual minorities are left out of the institution of marriage and change,” Koji Kohama told the news conference on 6 February 2024, after submitting a marriage registration form at the Taihaku Ward office on the same day.

Kohama, 61, co-head of the sexual diversity advocacy group, Nijiiro Canvas, has been living with his 79-year-old partner for nearly 30 years. Their marriage registration form is not expected to be accepted, as same-sex marriage has not been legalized in Japan. As early as 14 February, the couple will then ask the Sendai Family Court  to order the city government to accept said document, arguing that it violates the Constitution to not recognize same-sex marriages.

Kohama said they decided to submit a marriage registration form out of concern that the lack of marital status could constrain what he can do for his aging partner in the event of a medical emergency, or as it relates to inheritance. Then, during court proceedings, Kohama intends to argue that not recognizing same-sex marriages violates Article 13 of the Constitution, which stipulates the right to pursue happiness; Article 14, which guarantees “equality under the law;" and Article 24, which discusses the freedom and equality of marriage, among other provisions.

So far, five district courts in Japan have ruled in lawsuits that same-sex couples have filed against the government over the constitutionality of same-sex marriage. Once filed, this case in Sendai would become #7. The Sapporo District Court and the Nagoya District Court said that not recognizing same-sex marriages is unconstitutional, while the Tokyo District Court and the Fukuoka District Court said that it is in a “state of unconstitutionality,” stopping short of declaring it unconstitutional. Only the Osaka District Court said that the status quo is constitutional.

https://www.asahi.com/ajw/articles/15153346

Rick

[Rick]

Japan: Another Prefecture to Begin Issuing Partnership Certificates to Same-Sex Couples

Nara Prefecture is the latest prefecture to announce that it will be implementing a same-sex partnership registry, bringing the total to 25 out of 47 prefectures. Said registry in Nara is to open from April 2024.

https://lgbtmarriage.substack.com/p/japan-expands-partnership-registries?r=ze9o&utm_campaign=post&utm_medium=web&triedRedirect=true

Rick

 

[Rick]

Japan: Two Courts on Same Date Declare Ban on Marriage Equality Unconstitutional

On 14 March 2024, the High Court in Sapporo (that is, the appellate level court for the northern-most island in Japan) ruled that Japan’s ban on same-sex marriage is unconstitutional. (In addition, this ruling would also confirm a similar strong ruling, that the ban on marriage equality is unconstitutional, already rendered by the lower-level Sapporo District Court in March 2021, the very first court ruling in Japan declaring the ban on marriage equality to be unconstitutional.)

“Disallowing marriage to same-sex couples is a discrimination that lacks rationality,” the ruling said, while noting that “enacting same-sex marriage does not seem to cause disadvantages or harmful effects.” Civil code rules limiting marriage to couples of the opposite sex, the High Court in Sapporo ruled, are “unconstitutional” and “discriminatory.” Existing law, the justices wrote, should be revised or rewritten to include other types of unions in addition to those between a man and a woman.

Later the same day, a Tokyo District Court (the second such district court ruling from Tokyo on marriage equality) tiptoed up to the same conclusion as the Sapporo court, ruling that the absence of civil rules allowing for same-sex unions constituted “a state of unconstitutionality.” (This second marriage equality ruling from Tokyo was much stronger than the first, rendered in November 2022, a ruling in which the court complained about certain shortcomings in the current marriage law, but then stopped short of declaring any unconstitutionality. Now, a district court ruling in Tokyo has.)

https://www.lgbtqnation.com/2024/03/japanese-high-court-rules-same-sex-marriage-ban-unconstitutional/

Thus, so far, of the 7 marriage equality rulings, 5 have declared the ban on marriage equality to be unconstitutional, that is, district courts in Sapporo, Nagoya, Fukuoka, and Tokyo have done so, as has the High Court in Sapporo at the appellate level.

The first ruling from a district court in Tokyo only complained about certain shortcomings to the law. Thus, the Osaka District Court is the only one to declare the existing marriage equality ban to be constitutional.

Rick

 

[Rick]

Japan: On Same Date, Two Courts Declare Ban on Marriage Equality Unconstitutional

Tribunales de Japón declaran inconstitucional prohibir matrimonio igualitario

El 14 de marzo 2024, los Tribunales de Distrito de Tokio y el Superior de Sapporo declararon que la prohibición del gobierno japonés para que parejas del mismo sexo puedan casarse dentro del país es inconstitucional. Gracias a dos sentencias separadas, ambos Tribunales resolvieron el mismo día dos casos de matrimonio igualitario de forma favorable para las parejas.

En el caso del Tribunal de Distrito de Tokio, este resolvió que no existe justificación para que no se reconozca la unión entre parejas del mismo sexo, ya que atenta contra la dignidad de las personas y vulnera la igualdad de sexos, algo contrario a lo descrito dentro del Artículo 24.2 de la Constitución de Japón.

 Por su parte, la sentencia del Tribunal de Sapporo destaca por ser la primera en la que el poder judicial intervino para reconocer que la ley que prohíbe el matrimonio igualitario viola tres artículos constitucionales: 14.1, 24.1, y 24.2.

https://noticias.imer.mx/blog/tribunales-de-japon-declaran-inconstitucional-prohibir-matrimonio-igualitario/

 

Japanese courts declare ban on marriage equality unconstitutional

On 14 March 2024, the Tokyo District Court and the Sapporo Superior Court declared that the Japanese government's ban on same-sex couples marrying within the country is unconstitutional. Thanks to two separate rulings, both Courts resolved two same-sex marriage cases on the same day in a manner favorable to the couples.

In the case of the Tokyo District Court, it ruled that there is no justification for not recognizing the union between same-sex couples, since it violates the dignity of persons and violates the equality of the sexes, something contrary to what is described within Article 24.2 of the Constitution of Japan.

For its part, the Sapporo Court ruling stands out for being the first in which the judiciary intervened to recognize that the law that prohibits marriage equality violates three constitutional articles: 14.1, 24.1, and 24.2.

Rick

 

Edited March 15, 2024 by Rick

[Rick]

Japan: Sapporo Superior Court Ruling on Marriage Equality Appealed to Supreme Court

Per LGBT Marriage News:

On 25 March 2024, the 3 same-sex couples involved in the recent same-sex marriage case decided before the Sapporo Superior Court are appealing that decision not to award them damages for emotional stress. The court found that the ban on same-sex marriage was unconstitutional, but did not order any remedy or compensation. The couples were seeking a total of 6 million yen ($39,700). As a result, this appeal will now take their case to the Supreme Court.

On 26 March 2024, in a separate case, the Supreme Court ruled that same-sex couples can receive crime victim benefits on an equal basis to that of common-law heterosexual couples. They only need to satisfy that the couple in question is indeed in a similarly committed relationship.

https://lgbtmarriage.substack.com/p/japan-supreme-court-grants-benefit?r=ze9o&utm_campaign=post&utm_medium=web&triedRedirect=true

https://english.kyodonews.net/news/2024/03/52d9217df470-same-sex-couples-appeal-high-court-ruling-rejecting-compensation.html?phrase=French prosecutors&words=

Rick

 

[Rick]

Japan: Same-Sex Couple Officially Registered as Being in "De Facto" Marriage

Per LGBT Marriage News:

On 2 May 2024, the city government of Omura in Nagasaki Prefecture issued a certificate of residence to a same-sex couple, listing their relationship on administrative documents in the same way they would for an opposite-sex couple in a "de facto" marriage.

Keita Matsuura, 38, and Yutaro Fujiyama, 39, both residents of Omura city, applied to combine their separate households into one. They requested that Matsuura be registered as “head of household” and Fujiyama as his “unregistered husband.” The couple said the recognition of their same-sex "de facto" marriage in administrative documents is of great significance, and presumably, may well be the first such instance in Japan.

However, from October 2023, the city of Kurayoshi in Tottori Prefecture also began a system that allows same-sex partners to be listed as “unregistered wife or husband” in the column indicating their relationship on the certificate of residence.

https://www.asahi.com/ajw/articles/15283332?utm_source=substack&utm_medium=email

Rick

 

[Rick]

Japan: Court Rules that Trans Woman Can Legally Change Gender without Surgery

A transgender woman is the first such person in Japan to be granted a legal gender change without having to undergo compulsory gender-affirming surgery. In Japan, in order to legally change one's gender on official documents, current law requires that transgender persons receive a “gender identity disorder" diagnosis and then undergo surgery to reconfigure their reproductive organs. The woman, in her late 40s, was first denied a legal gender change by a lower court because she had not undergone said surgery, despite her being unable to receive the procedure.

The woman appealed her case to a higher court, arguing that the requirements presented her with huge financial and physical burdens, and was therefore in violation of her rights. On 10 July 2024, the Hiroshima High Court ruled in her favor, determining that the current requirements may be unconstitutional.

https://www.advocate.com/world/japan-transgender-woman-gender-change

Rick

 

Edited July 13, 2024 by Rick

[Rick]

Japan: Trans Woman Sues to Change Gender without Divorcing Wife

Per LGBT Marriage News:

On 16 July 2024, a transgender woman in her 50s filed a petition with the Kyoto Family Court to change her gender from male to female in the family register. According to the petition and other documents, the Kyoto resident married her wife in 2015.  She began transitioning afterward, and as their marriage remains on good terms, the two have no intention of divorcing.

However, a provision of the special law regarding gender identity disorder does not allow married individuals to update their gender in the family register. Thus, the couple faced a choice — either legally separate or abandon the gender change. 

The trans woman stated in her petition that said provision is unconstitutional and invalid because it violates the right to self-determination, among others, guaranteed by Article 13 of the Constitution. The official reasoning behind this particular stipulation is that if someone were to change their gender after marrying, they and their spouse would then be officially registered as a same-sex couple. And such remains illegal under current law.

https://www.asahi.com/ajw/articles/15348190?utm_source=substack&utm_medium=email

Rick

 

[Rick]

Japan: More Prefectures Introduce Same-Sex Partnership Registries

 As of 1 September 2024, four more Japanese prefectures introduced same-sex partnership registries, that is, Fukushima, Yamaguchi, Niigata, and Shima, encompassing over 7 million people, bringing the total to 30 of 46 prefectures, or approximately 2/3 of them. The overwhelming majority of Japanese people live in these 30 prefectures, which is leading activists to call on the national government to introduce national same-sex marriage recognition.

In the meantime, over the next several months of October-December, High Courts in Tokyo, Nagoya, and Fukuoka are expected to rule on three appeals to challenges to the ban on same-sex marriage.

https://www.losangelesblade.com/2024/09/16/out-in-the-world-lgbtq-news-from-oceania-australia-and-europe/

Rick

Edited September 16, 2024 by Rick

[Rick]

Japan: Tokyo Wards Recognize Same-Sex Couples as Being in Common-Law Marriages

Per LGBTQ Global:

From 1 November 2024, Nakano Ward and Setagaya Ward in Tokyo will allow same-sex couples to be officially listed as “unregistered husbands” or “unregistered wives” on their residence registries, just like heterosexual couples in common-law marriages. Setagaya Ward officials announced the change on 17 October and Nakano Ward followed suit on 24 October.

The internal affairs ministry, which has jurisdiction over the basic resident registration law, has argued that allowing same-sex partners to be listed as being in “unregistered” marriages is problematic and would create obstacles, such as social security procedures. However, the Nakano and Setagaya Wards hope to advance LGBT rights by allowing same-sex couples the same resident registration that opposite-sex common-law married couples have.

In Nakano Ward, the new system will be available to ward residents who have completed the Nakano Ward partnership oath, which officially recognizes lesbian, gay, bisexual, and transgender couples, or the Tokyo metropolitan partnership oath.

In Setagaya Ward, the new system will apply to ward residents who have taken the Setagaya Ward oath of partnership and familial relationship, in which the ward officially recognizes LGBT couples. A note recognizing the residents’ relationship status will then be added to their residence certificates.

According to Setagaya Ward officials, nine other municipalities nationwide have already introduced a similar system for same-sex couples.

https://www.asahi.com/ajw/articles/15481129?utm_source=substack&utm_medium=email

Rick

 

 

[Rick]

Japan: Second High Court Ruling: Ban on Same-Sex Marriage Is Unconstitutional

On 30 October 2024, the Tokyo High Court ruled that the government’s policy against same-sex marriage is unconstitutional. The ruling marks the second time that one of the nation’s eight regional High Courts has ruled in favor of marriage equality, stating that the country’s ban on same-sex marriage is “a groundless legal discrimination based on sexual orientation” that violates the constitutionally guaranteed right to equality and dignity regardless of sex. The Tokyo High Court’s ruling echoes a similar one made by the Sapporo High Court in March 2024 which said that limiting marriage to couples of the opposite sex is “unconstitutional” and “discriminatory.”

Despite the rulings, the country’s judiciary does not have the power to overturn existing civil marriage codes. Any change in national marriage laws must be decided by Japan’s legislature, known as the National Diet.

Seventy percent of the Japanese public supports marriage equality, but it is opposed by the ruling Liberal Democratic Party of Prime Minister Fumio Kishida. Said party lost its parliamentary majority in the recent election of 27 October 2024 and will likely have to compromise on more-liberal policies pushed by the opposition parties, like marriage equality.

https://www.lgbtqnation.com/2024/10/second-japanese-high-court-rules-in-favor-of-same-sex-marriage/

 

Per KMAY TV:

La Corte Superior de Tokio ha declarado inconstitucional la prohibición del matrimonio entre personas del mismo sexo. Este es el segundo tribunal superior japonés que apoya las demandas de igualdad matrimonial.

https://x.com/KmayTv/status/1852167251891208400/photo/1

Tokyo's High Court has declared the ban on same-sex marriage unconstitutional. This is the second Japanese High Court that approves the demands for marriage equality.

Rick

Edited November 1, 2024 by Rick

[Rick]

Japan: Third High Court Ruling: Ban on Same-Sex Marriage Is Unconstitutional

Per LGBTQ Global:

On 13 December 2024, the Fukuoka High Court ruled that the ban on same-sex marriage in unconstitutional, though it dismissed the plaintiffs claims for compensation. This, the third High Court ruling, of the 8 regional High Courts, all ruling against the ban, is the strongest one yet, and the first to find that the ban violates the constitutional right to "pursuit of happiness." More High Courts will hear more cases in 2025, and eventually said cases will then make their way to the Supreme Court.

https://www.japantimes.co.jp/news/2024/12/13/japan/crime-legal/same-sex-marriage-ruling/?utm_source=substack&utm_medium=email

Rick

Edited December 14, 2024 by Rick

[Rick]

Japan: 2024 Same-Sex Partnership Registry Summary Up-Date

In 2024, 11 additional prefectures established partnership registries for same-sex couples, Yamagata, Wakayama, Aichi, Hyogo, Nara, Oita, Tokushima, Yamaguchi, Shiga, Fukushima, and Niigata, bringing the total to 30 of 47 prefectures, plus an additional 430 municipalities that have created local registries. In April, three prefectures launched a network for mutual recognition of partnership registries, a network that has since grown to include 20 prefectures and more than 150 municipalities. Aichi extended its partnership registry to include “familyship” (recognition of children and in-laws), the third prefecture to do so. And a handful of municipalities amended their registry forms to use identical language to refer to same-sex partners as they would to straight married spouses.

Plus, Saitama Prefecture is the latest one where all of its municipalities have now created a partnership registry, even though the prefecture itself does not yet have one. This brings the total number of prefectures where all residents can access partnership registries to 32 of 47, that is, home to about 90% of the total population of Japan.

Meanwhile, on 7 March 2025, the 4th same-sex marriage High Court ruling is expected in Nagoya.

https://mail.google.com/mail/u/1/#inbox/FMfcgzQZSXxkhDTCQtRPqZsnWVBLjRhQ

Rick