Japan

[Rick]

Japan: Zen Buddhist Temple Offers Same-Sex Wedding Ceremonies

 

A Zen Buddhist temple in Kyoto has become one of the first to offer same-sex weddings, even though such marriages aren't recognised in Japan. The nearly 500-year-old Shunkoin Temple, located in the centre of Japan's former imperial capital, has joined the list of iconic venues in the country which are willing to marry same-sex couples.

 

Japan bans equal marriage in its constitution, which states that "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." Still, same-sex unions performed abroad are sometimes recognised.

 

However, Shunkoin Temple, one of the key Buddhist temples, has now opened to gay and lesbian couples wishing to hold a wedding ceremony. Priest Takafumi Kawakami said: "It's not like we have to keep tradition the way it is. We welcome every couple regardless of their faith or sexual orientation. Some say we're against traditional Japanese values about marriage." A statement on their website says: "Shunkoin Temple is against any forms of 'Human Rights Violations' in the world. No religion teaches how to hate others. Religion teaches how to love and respect others."

 

The Shunkoin Temple even has a partnership with a gay tour operator, Out Travel Asia, and a gay-friendly hotel, to offer a wedding package to tourists. LGBT activist Maki Muraki says: "Japan still has no LGBT protection laws, and lawmakers aren't even talking about it. If more people came out and got married, it'll increase LGBT awareness, marriage equality, and workplace equality."

 

Rick

 

 

 

 

 

[Rick]

Shibuya, Japan's First Ward to Recognize Same-Sex Marriage

 

With a landmark vote Tuesday, 31 March 2015, by the assembly of Tokyo's Shibuya ward, the district famous as a mecca for trendy youngsters, became the first locale in Japan to recognize same-sex partnerships as the "equivalent of a marriage," guaranteeing the identical rights of married couples, including hospital visitations and apartment rentals.

 

The new ordinance applies only to Shibuya, and it's technically not legally binding, though violators will have their names posted on the ward's website. Shibuya "“ an area with a population of 217,000, including 9,000 foreigners "“ is also planning an aggressive educational campaign on LGBT issues. The vote passed, with the majority of the 34 ward's legislators standing up to show their approval. The first certificates are expected to be issued in July.

 

Japanese conservatives, including the powerful politicians of the ruling party, have been unwilling to back the initiative, and protest rallies have popped up in Shibuya. "A great social ramification will be expected from such a decision," Mari Sato, a ruling party ward legislator opposed to the move, told the assembly ahead of today's vote. "We need much more time to discuss this issue."

 

Many Japanese lesbian, gay, bisexual and transgender people keep their sexual orientation secret for fear of a social backlash, so the number of people who will take advantage of the change is unclear. But Shibuya is expecting an influx of gay and lesbian people.

 

Shibuya ward Mayor Toshitake Kuwahara says accepting diversity matches the friendly, vivacious character of the area "“ a bustling place known for boutiques, live music and a Silicon Valley-like cluster of startups. He says young "sexual minorities" live in fear, worrying about their future and grappling with self-doubt. "This is the reality," Kuwahara told reporters recently. "The purpose is to realize a society where everyone can live in hope."

 

Koyuki Higashi and Hiroko Masuhara, a rare visible and vocal lesbian couple in Japan, emerged from the Shibuya ward office today, holding up a rainbow banner that said, "Thank you, Shibuya," in English.

 

Rick

 

 

 

 

 

[Rick]

Same-Sex Couple Married at British Embassy in Japan

 

On 25 April 2015, British diplomats, Tim Johnson and Ryan Parkins, were married in a public ceremony at the British Embassy in Tokyo. The couple invited Japanese media to attend the ceremony in a bid to promote the British view of same-sex marriage, and to encourage Japan to advance on LGBT rights. Japan does not currently allow same-sex couples to marry, but the country has begun looking closely at LGBT rights issues, as the 2020 Tokyo Olympics approaches.

 

In a statement, the couple said: "Each country must develop its LGBT policies at their own pace. We've invited selected Japanese guests and media to our same-sex marriage ceremony so that Japan can see the UK's policy of diversity and inclusion. The wedding ceremony is just the beginning "“ we're also excited about spending the rest of our lives together."

 

As well as exchanging rings, the couple took part in the kagami biraki ceremony, traditionally performed at Japanese weddings, in which they broke open a cask of sake, with the help of British Ambassador Tim Hitchens.

 

Rick

 

 

 

 

 

[Rick]

Tokyo Wards Defy Japanese Government by Recognizing Same-Sex Couples

 

Two wards in Tokyo have begun issuing certificates recognizing same-sex couples in spite of a constitutional ban. The city's Shibuya and Setagaya wards this week began issuing certificates recognizing same-sex couples, in spite of a Japanese constitutional ban on same-sex marriage.

 

The plans for same-sex couple recognition were first announced back in February, and the first certificates were issued to a lesbian couple, Koyuki Higashi and Kiroki Masuhara, at 8:30 AM, on 5 November 2015, according to a report in "Asahi Shimbun."

 

The certificates will allow same-sex couples access to family housing in ward-run residential property, allow family-only hospital visits for partners, and other legal rights that have previously been denied to same-sex couples in the country.

 

The certificates will not be recognised outside the wards as the Japanese constitution states that "marriage shall be based only on the mutual consent of both sexes." Prime Minister Shinzo Abe has previously voiced his unwillingness to allow same sex marriages in the country because it would be 'difficult' under the constitution as it stands.

 

The Shibuya district has a reputation as a LGBT-friendly district, and hosted Tokyo pride this year.

 

Rick

 

 

 

 

 

[Rick]

Japan: A Third District to Recognize Same-Sex Relationships

 

On 30 November 2015, the city of Takarazuka announced that it will follow in the footsteps of two Tokyo districts in recognizing same-sex relationships. As well as officially recognizing such relationships, the city also hopes to fuel a debate on equal marriage.

 

The new certificates will be similar to those which came into force earlier this month in the Setagaya and Shibuya wards of Tokyo. The mayor of Takarazuka, Tomoko Nakagawa, announced the initiative, saying: "One of the primary missions of local governments is to stand on the side of people who feel uncomfortable living in this society."

 

Those signing up for the certificates will give a "partnership oath" to the city, giving their names and addresses. Then a certificate will be issued under the mayor's name.

 

Some services will accept the certificates, and will allow same-sex couples similar rights to their married opposite-sex counterparts. Officially, the certificates will begin being issued in March 2016.

 

 

Just the day before, on 29 November 2015, Bloomberg reported:

 

Japan: 51% Back Same-Sex Marriage In New Poll

 

A majority of Japanese support changing the country's laws to allow same-sex unions, with the highest backing coming from younger respondents, according to a poll. Fifty-one percent of people polled by researchers from universities and the National Institute of Population and Social Security Research back such partnerships, the Asahi newspaper reported. Support exceeded 70 percent among respondents in their 20s and 30s, while 38 percent in their 60s, and 24 percent in their 70s, were in favor, the Asahi said. This year, Tokyo's Shibuya Ward became the country's first local authority to recognize same-sex partnerships and this month started issuing "equivalency to marriage" certificates to gay couples. While the move has helped build momentum for same-sex marriage, Prime Minister Shinzo Abe and some senior members of his party are cautious on the issue.

 

Same-sex marriage has yet to be approved by any Asian nation.

 

Rick

 

 

 

 

 

[Rick]

Another Japanese City to Recognize Same-Sex Relationships

 

The city of Iga in Mie Prefecture has announced plans to start issuing certificates recognizing same-sex partnerships as being equivalent to marriage. The city will become the fourth district in Japan to strengthen its LGBT rights. The certificates will be issued from April 2016, in a bid to address discrimination against the LGBT community, Iga Mayor Sakae Okamoto said in a statement.

 

The city will follow Shibuya and Setagaya wards in Tokyo, which became Japan's first and second local governments to introduce the system last month. As of Friday, 25 December 2015, a total of 16 same-sex couples have received papers from the two wards.

 

The city of Takarazuka, meanwhile, has said it will start issuing papers authenticating partnership oaths by same-sex couples by summer 2016. Okamoto said he instructed city officials to visit Takarazuka to learn about its plan and compile guidelines by the end of March on issuing partnership certificates.

 

Iga officials added that they are planning to issue laws ensuring the equal treatment of same-sex and heterosexual couples at hospitals and apartments run by the municipal government. They will also ask for the cooperation of private companies, such as real estate agencies. Okamoto referred to an online survey conducted in April that found 7.6 percent, or one in every 13, of some 70,000 people polled identified themselves as a member of Japan's LGBT community.

 

"In Iga with a population of about 95,000, more than 6,000 people belong to the LGBT community", the mayor said. "It is our role to create a society in which sexual minorities can proudly live." However, they will not be recognized outside the wards, as the Japanese constitution still states that "marriage shall be based only on the mutual consent of both sexes."

 

Prime Minister Shinzo Abe has previously voiced his unwillingness to allow same-sex marriages in the country because it would be 'difficult' under the constitution as it stands. Same-sex marriages are not legally allowed in Japan and such couples say they face disadvantages, such as inability to inherit property from partners without a will or benefit from income tax deductions for spouses. According to a new poll carried out in the country recently, the majority of people support changing the country's laws to allow same-sex marriage.

 

Rick

 

 

 

 

 

[Rick]

Japan: Different-Names Ruling May Allow Possibility of Same-Sex Marriages

 

In December 2015, the Japanese Supreme Court handed down its verdict on a lawsuit filed by people who objected to the Civil Code requirement that married couples be registered under one surname. The majority of the 15 judges ruled that the plaintiffs' rights were not being violated by the law, and the media debate that followed pivoted on the question of constitutionality versus culture, or the assumption that Japan had some unusual social need for couples and their children to be identified by one name only.

 

Within this discussion, Sota Kimura, an associate professor at Tokyo Metropolitan University and presently one of the most in-demand media pundits when it comes to constitutional matters, brought up the wording the judges used in their decision. On various media, Kimura pointed out that this is the first time the Supreme Court has ruled on a case concerning Article 24, which defines marriage as a legally binding union between two people who mutually agree to enter into that union. Although English translations of the Constitution typically describe marriage as involving "both sexes," the word ryÅsei can also be interpreted to mean "two parties," and Kimura believes it was this interpretation the judges were stressing. While the court said there is nothing unconstitutional about compelling married couples to register under one name, they didn't expressly limit marriage to a man and a woman.

 

According to Kimura, if a same-sex couple someday sues the state to have their marriage legally recognized, lawyers can use this ruling as a precedent to claim that such a union is guaranteed by the Constitution. He is certainly aware of Prime Minister Shinzo Abe's remark that the Constitution would have to be revised before same-sex marriages can be permitted in Japan, but the Constitution does not use the word danjo (men and women), so it is not manifestly apparent that the two "parties" have to be of different genders.

 

Rick

 

 

 

 

 

[Rick]

Japan: Panasonic Recognizes Same-Sex Marriage Despite Lack of Legal Status

 

Japanese tech giant Panasonic has made a bold statement by extending employment rights to its gay and lesbian employees, despite a lack of government recognition. Though homosexuality has long been legal in Japan, the country does not formally recognize same-sex partnerships, and households headed by same-sex couples are ineligible for legal protections and employment benefits.

 

Panasonic, one of the country's most prominent businesses, this week sent a strong message to the country's government by extending same-sex partner benefits to its own employees. The Japanese electronics giant, which has over 250,000 employees, announced today, 18 February 2016, that it would change its rules to recognize same-sex marriages and partnerships.

 

Rick

 

 

 

 

 

[Rick]

Japan: Naha, Okinawa, Officially Recognizes Same-Sex Partnerships

 

Naha, the capital city of Japan's off-shore Okinawa Prefecture, recently announced that it will be officially recognizing same-sex couples with "partnership certificates" starting on 8 July 2016. Naha is now the fifth Japanese municipality to issue same-sex partnership certificates, following Takarazuka in Hyogo Prefecture last month.

 

While same-sex partner certificates are not the same as legal marriage in Japan, it is still a step in the right direction. It is an official recognition of the couple's relationship, which could help in situations like purchasing housing, hospital visitation rights, purchasing family plans at businesses, and more.

 

Mikiko Shiroma, the current mayor of Naha, said, "This is a symbol of our city accepting LGBT people as members of our society."

 

Rick

 

 

 

 

 

[Rick]

Japan: City of Sapporo to Approve Same-Sex Unions in 2017

 

Japón: Ciudad de Sapporo Aprobará las Uniones del Mismo Sexo en 2017

 

La ciudad de Sapporo se regala el matrimonio igualitario e impulsa al colectivo LGTB japonés. La quinta ciudad más poblada de Japón impulsa el matrimonio igualitario en Japón, como la ciudad aprobará las uniones del mismo sexo en 2017. La ciudad situada en la isla de Hokkaido ha anunciado que a comienzos del 2017 aprobará este tipo de uniones y se convierte en la metrópoli más importante del paí­s en dar este paso vital.

 

 

The city of Sapporo gives a gift of marriage equality, moving the Japanese LGBT collective forward. Japan's fifth most populous city promotes equal marriage in Japan, as the city will approve same-sex unions in 2017. The city on the island of Hokkaido has announced that in early 2017 it will approve this type of union, becoming the country's most important metropolis to take this vital step.

In Japan, to summarize, to date, same-sex unions are recognized in the following locations:

 

Shibuya ward (Tokyo)

Setagaya ward (Tokyo)

Iga (Mie Prefecture)

Takarazuka (Hyogo Prefecture)

Naha (Okinawa)

Sapporo (Hokkaido)

 

Rick

 

 

 

 

 

[Rick]

Japan: Gay Buddhist Monk, A Make-Up Artist to Trans People

 

A gay Buddhist monk in Tokyo uses makeup to deliver his message. Kodo Nishimura, 26, got started by doing a friend's makeup and seeing how happy she was with his work. He has now come out in a photo-shoot for "Out in Japan."

 

"When I participated in the 'Out in Japan' photo shoot, I met a lot of transgender people. Many of them weren't familiar with makeup, so I wished I could give them advice," Nishimura said. He now has big-name clients like the Miss Universe Pageant.

 

But he's also an ordained Buddhist monk, and Buddhist monks in Japan usually dress in an austere fashion. However, Nishimura got advice from his mentor, who said, "It isn't wrong if it helps you deliver your message to people."

 

Rick

 

 

 

 

 

[Rick]

Japan: Transgender Man Elected to Public Office

 

Japan has become the first country in the world to elect a transgender man to public office. The country made the landmark step with the election of Tomoya Hosoda as a council member for the city of Iruma.

 

Japan elected its first trans politician in 2003, Kamikawa Aya. However, New Zealand was the first country to have an openly transgender member of parliament, Georgina Beyer, who was elected in 1999.

 

The 25-year-old Hosoda came out as trans while he was a student at the Teikyo University studying medical sciences, and began his transition in 2015.

 

Rick

 

 

 

 

 

[Rick]

Japan: Another Large City to Recognize Same-Sex Relationships

 

From June 2017, nearly two million more people will be able to have their LGBT relationships legally recognized. Sapporo, the largest city on the northern island of Hokkaido, has finished the public consultation which led to an overwhelming 1,500 people writing in to support the proposal.

 

Japan does not recognize same-sex marriage on a national basis, but the new law will confer more rights on LGBT couples. Any couple over 20 years old who both live in the city of Sapporo will be allowed to ask for a "partnership vow," which will enable them to be recipients of each other's life insurance payouts. The official recognition will also provide couples with the opportunity to use family discounts on commercial products, such as phone contracts.

 

In April 2015, Tokyo's Shibuya Ward became the first district in the country to recognize same-sex partnerships as equivalent to marriage. Several other municipalities have since followed Shibuya, with support for same-sex relationships growing steadily in Japan over recent years. A poll in 2015 suggested the majority of people were now in favor of marriage equality.

 

Many private businesses in Japan, such as Panasonic, have also adopted policies recognizing same-sex partners for benefits such as health insurance and pensions.

 

Rick

 

 

 

 

 

[Rick]

Japan to Protect LGBT Students Against Bullying

 

The Human Rights Watch (HRW) reports that for the first time the updated national bullying prevention policy will protect against bullying based on gender identity or sexual orientation.

 

"Japan's new policy on bullying is an important step toward ensuring equal access to education for all Japanese children," said Kanae Doi, Japan director at Human Rights Watch. "The government is demonstrating leadership in educating and empowering teachers to protect LGBT students."

 

The Basic Policy for the Prevention of Bullying has been updated, and was released earlier this month by the country's Education Ministry. It states that schools should stop bullying based on sexual orientation or gender identity by "promoting proper understanding of teachers on"¦sexual orientation/gender identity, as well as making sure to be informed on the school's necessary measures regarding this matter." Japan previously released a guidebook for teachers on LGBT students, and issued a directive on transgender students.

 

"Japan's support for two recent United Nations Human Rights Council resolutions on LGBT rights and co-chairing the 2016 UNESCO conference on LGBT bullying should be points of pride for the government," Doi added. "By amending the Basic Policy for the Prevention of Bullying to include sexual orientation and gender identity, Japan has taken the crucial step of bringing its own policies in line with its international human rights obligations."

 

Rick

 

 

 

 

 

[Rick]

Japan: Fukuoka to Become 7th Municipality to Recognize LGBT Partnerships

 

On Wednesday, 14 February 2017, the city of Fukuoka (pop. 1.5 million) said it will start recognizing partnerships of gay, lesbian, bisexual, and transgender couples in April, becoming the seventh Japanese municipality to do so despite the absence of such a system at the national level.

 

Under the new plan, the city will issue papers authenticating partnership oaths submitted by sexual minority couples. Unlike official marriages, the recognition does not entail legal rights or obligations but is expected to be used when couples rent city-run housing or undergo medical treatment requiring the consent of a family member at city hospitals.

 

Tokyo's Shibuya and Setagaya wards became the first local governments in the nation to recognize same-sex partnerships in 2015 followed by the cities of Iga, Takarazuka, and Naha. Sapporo followed suit June 2017.

 

Sapporo and Fukuoka also recognize opposite sex couples on the official family registry where one, or even both, person's gender identity does not match their sex at birth.

 

Rick

 

 

 

 

 

[Rick]

Japan: Man Seeks Inheritance, Damages over Same-Sex Partner's Death

Osaka -- On 26 April 2018, a 69-year-old man in western Japan filed a lawsuit seeking assets left behind by his deceased same-sex partner and damages for being barred from attending his cremation. The rare case involving inheritance from a same-sex partner highlights the problems faced by such couples upon the death of their partners in a country that only provides legal protection to married couples.

The man from Osaka Prefecture sued his partner's sister at the Osaka District Court, seeking to win back the assets held by her following her brother's death in March 2016. The man is also seeking 7 million yen ($64,000) in damages from the woman, saying he was robbed of the chance to arrange the funeral for his long-time partner due to discrimination against homosexual people.

So far, Japan's top court has not recognized the inheritance rights of same-sex couples nor of opposite-sex couples under common-law marriage.

Rick

 

[Rick]

Japan: Osaka to Recognize LGBT Couples from July, City #8

Osaka -- On Wednesday, 27 June 2018, the city of Osaka said it will begin issuing cards in July serving as proof for lesbian, gay, bisexual, and transgender couples certified by the city authorities. From 9 July, the western Japanese city is set to become the eighth municipality in Japan recognizing partnerships of sexual minorities, given the absence of same-sex marriage in the country.

Under the plan, couples can apply for the recognition if either party of a couple lives in the city or plans to move there. The city will facilitate LGBT couples to live in city-run housing while urging companies to pay due consideration to such partnerships, official said.

Tokyo's Shibuya and Setagaya wards became the first local governments to recognize such partnerships in 2015, and the cities of Iga, Takarazuka, Naha, Sapporo, and Fukuoka have followed.

Rick

 

[Rick]

Japan: Another City to Recognize Same-Sex Partnerships

The city of Chiba, east of Tokyo, said Thursday, 23 August 2018, it will begin issuing partnership certificates for lesbian, gay, bisexual, and transgender couples, as well as common-law marriage couples, from April 2019.

Municipalities in Japan are starting to issue such certificates for sexual minorities, ever since Tokyo's Shibuya and Setagaya wards became the first local governments to recognize such partnerships in 2015. They have been followed by the cities of Iga, Takarazuka, Naha, Sapporo, Fukuoka, and Osaka.

Chiba will be the first municipality not to limit the recognition to LGBT couples, saying applicants only need to meet a set of requirements such as that both people are at least 20 years old, without a spouse, and either lives or plans to live in the city.

"We will create a foundation where people can live the way they want to," Mayor Toshihito Kumagai said at a press conference, adding he hopes his city's move would be a "catalyst" for people to think about the concept of families and partnerships.

Rick

 

[Rick]

Japan: Multiple Same-Sex Couples Sue the State for Marriage Equality

Per Equal Marriage Alliance Japan, 29 November 2018:

"No permitir el matrimonio igualitario es inconstitucional." Parejas del mismo sexo demandarán al Estado japonés por primera vez en la historia.
https://www.huffingtonpost.jp/2018/11/29/same-sex...

"Not allowing equal marriage is unconstitutional." Same-sex couples will sue the Japanese State for the first time in history.

Note: The cited article is in Japanese in "HuffPost Japan."

Rick

 

[Rick]

Japan: 10 Same-Sex Couples to Sue Government over Marriage Equality

Ten same-sex couples will jointly file lawsuits against the government in February for not recognizing marriage equality, their lawyers said Friday, 28 December 2018. The couples argue that the government’s position on same-sex marriage flouts equality under the law and freedom of marriage as protected in the Constitution. Article 24 of the Constitution states, “Marriage shall be based only on the mutual consent of both sexes.”

The couples, who are seeking compensation, will simultaneously file suits in district courts throughout the country, including Tokyo and Nagoya.

The government has indicated that it interprets the constitutional phrasing to apply only to heterosexual couples, while the lawyers working for the couples argue that some legal scholars do not see it as prohibiting same-sex marriage. The government also argues that the term “husband and wife” used in the civic law and in the family registration law indicates a man and a woman, and thus it cannot accept marriage applications from gay and lesbian couples.

Rick

 

[Rick]

  Japan: LGBT Rights Summary and Up-Date

A number of cities added same-sex partnership registries in 2018: Fukuoka, Osaka, Chiba, Toshima, Nakano, Fuchu, Kumamoto, and Yokosuka (the latter five all taking effect in 2019). LGBT partnership registries are also under consideration in:  Saitama, Yokohama, Abashiri, Hachiōji, Hannō, Iruma, Kamakura, Kawagoe, Kawasaki, Kazo, Moroyama, Sakado, and in the Tokyo wards of Arakawa, Bunkyō, Chiyoda, Chūō, Katsushika, Kita, Kōtō, Nerima, Sumida, and Taitō. A legal challenge demanding access to full same-sex marriage has been announced.

Rick

 

Edited January 2, 2019 by Rick

[Rick]

Japan: Opposition Party to Seek Code Revisions to Recognize Same-Sex Marriage

The opposition Constitutional Democratic Party of Japan (CDP) has solidified plans to submit to the ordinary session of the Diet in 2019 revisions to the Civil Code and other related laws to provide same-sex couples the same marriage rights as heterosexual unions. The CDP has already decided to support sexual minority candidates in the House of Councillors elections next summer, and the party hopes to further carve out its support base with the planned political move.

The Japanese government does not recognize same-sex marriage on the basis of a Family Registry Act provision that "a family register shall be created for each unit consisting of a husband and wife, and any children thereof with the same surname," and other related laws. However, there are many constitutional scholars who point out that Article 24 of the Constitution, which states that "marriage shall be based on the mutual consent of both sexes," does not prohibit the legalization of same-sex marriage.

The CDP has two options for recognizing same-sex marriage in the "marriage" section of the Civil Code, or creating a new "partnership system" that extends the same rights as married couples to same-sex common-law marriages. The party intends to finalize its revision plan within the next ordinary session of the Diet.

Rick

 

[Rick]

Yokohama, Japan: First Lawsuit to Be Filed Challenging Same-Sex Marriage Ban

An international same-sex couple applied for a marriage certificate at the municipal government office in Yokohama on 16 January 2019. After their application was denied, the Japanese-German couple will now plan to file a damage suit against the national government.

Ai Nakajima, 40, a company employee who lives in Yokohama, and Kristina Baumann, 32, of Germany, who attends a vocational school, were married in Germany in September 2018, following the registration of their partnership in Berlin in 2016. In Germany, same-sex couples were allowed to marry beginning from 2017.

The couple submitted their marriage certificate, which was issued in Germany, at the Yokohama city office counter. Their documents are in the possession of the city and will be reviewed. But the couple is unlikely to be recognized as a married pair under the law.

Nakajima and Baumann believe that the prohibition of same-sex marriages violates the nation's Constitution. They are expected to file a lawsuit against the central government in mid-February, along with more than 10 other same-sex couples.

If Nakajima and Baumann want to be listed as a married couple in the Japanese ancestral register, they need to report their marriage to a city office or consular office (as was done). However, marriage notifications of same-sex couples cannot be accepted, as it is assumed in the Civil Law that the married pair are of the opposite sex. Baumann resides in Japan on a student visa and, as a result, is in a precarious position without a spousal visa.

Lawsuits are also expected to be filed at four other district courts in Tokyo, Osaka, Nagoya, and Sapporo. The plaintiffs argue that same-sex couples are prohibited from getting married, which violates constitutional stipulations, such as equality under the law, and infringes on freedom of marriage.

Rick

 

[Rick]

Sapporo, Japan: Second Lawsuit for Marriage Equality Filed

Sapporo --Two gay women here plan to sue in a nationwide campaign to seek recognition of same-sex marriages if the city office refuses to accept their marriage certificate which was submitted today, 23 January 2019. The women, one in her 20s and the other in her 30s, submitted the paper to Sapporo’s Chuo Ward office, but expect it to be rejected as there are no legal provisions for same-sex marriages in Japan. The pair state that same-sex couples being denied marriage violates the constitutional principle of equality under the law.

At least 13 same-sex couples across Japan, including the Sapporo women, plan to file damage suits against the central government on 14 February 2019. Experts said that these will be the first lawsuits in Japan seeking recognition of same-sex marriages.

According to Takeharu Kato, a lawyer representing the couple, their certificate is likely to be rejected because the current civil code and family registration law is based on marriage between men and women. “It's unfair that same-sex couples are not able to enjoy the rights given to heterosexual couples," he said. “Marriage is a fundamental right under the Constitution, and this should be applied to same-sex couples.”

Sapporo city has a partnership system for same-sex couples, which the women have made use of, but it has no legal authority.

Note: The first marriage equality case in Japan involves an international couple who filed their German marriage certificate with city authorities seeking recognition of it in Yokohama on 16 January 2019. If rejected, they too plan to sue the national government for damages on the same 14 February date.

Rick

 

[Rick]

Chiba, Japan, Inaugurates Partnership System for Gay, De Facto Couples

Chiba - A ceremony was held here on 29 January 2019 for Japan’s first partnership system that includes both sexual-minority and opposite-sex couples, the Chiba city government said. Six couples submitted written oaths to show they are life partners and thus received partnership certificates from Chiba Mayor, Toshihito Kumagai.

Although the partnerships are not legally recognized marriages, the certificates provide certain rights to the couples, such as living together in city-run apartments. Ryuta Yanase, 56, who made his oath with his partner, Satoru Ito, 65, said, “I was longing for the system, and I am very happy.” The gay couple moved to the city from Funabashi in the same prefecture in the autumn of 2018 after hearing about the certificate system. “I hope this society becomes a place where LGBT people are treated fairly,” Yanase said.

So far, 10 municipalities have introduced such systems, while the central government remains reluctant to take up the issue of legalizing same-sex marriages. Chiba is the fourth government-designated major city to adopt the certificate system, following Sapporo, Fukuoka, and Osaka, and the first to allow (de facto) opposite-sex couples to obtain the certificate.

Note: Chiba is a city of over one million people situated on the eastern side of Tokyo Bay, immediately adjacent to Tokyo. It contains Tokyo's modern port, as well as Narita, the site of Tokyo's new international airport. It boasts to having the world's longest suspended monorail.

Rick