The Sapporo district court rejected demands for damages filed by three same-sex couples, but its decision – the first of its kind – on the constitutionality of gay marriage is being seen as a significant symbolic victory that could lead to a change in the law.
“I’m really happy. Until the ruling was announced, we didn’t know this was what we’d get and I’m just overjoyed,” said Gon Matsunaka, the director of activist group Marriage for All Japan and a representative at
Pride House Tokyo, adding that the ruling’s value was “absolutely immeasurable”.
The court sided with the plaintiffs’ contention that in not permitting same-sex couples to “enjoy even a part of the legal effects that arise from marriage”, the current arrangements violate article 14 of the 1947 constitution, which stipulates equality of all people under the law.
The court said sexuality, like race and gender, is not a matter of individual preference, and so prohibiting same-sex couples from receiving benefits given to heterosexual couples cannot be justified.
Lawyers for the plaintiffs argued that the constitution’s reference to “both sexes” was intended to ensure equality between prospective spouses and to prevent forced marriages.
While new legislation will be needed before same-sex marriages are legally recognised,
LGBT activists said the ruling would boost their campaign.
The opposition MP Kanako Otsuji, one of the few openly gay politicians in Japan, said in a tweet she was “truly, truly happy” about the verdict.
“With this ruling, I urge the Diet, as the legislative branch of the government, to deliberate a proposed amendment to the civil code to make same-sex marriage possible,” she said.
Same-sex couples in Japan are unable to inherit their partner’s assets – such as the house they may have shared – and have no parental rights to any children their partners may have.
Though partnership certificates issued by individual municipalities help with renting accommodation and hospital visitation rights, they do not provide the same full legal rights enjoyed by heterosexual couples.
The court threw out the demand for damages by the six plaintiffs – two couples of men and one of women – who had demanded that the government pay ¥1m (£6,580) each for the psychological damage they have suffered by not being able to legally marry.
The ruling could influence the outcome of similar cases now being heard in four other courts around Japan.
Gay sex has been legal in Japan since 1880, but
social attitudes keep members of the LGBT community largely invisible. Many have yet to come out, even to their families.
A poll by the Yomiuri newspaper last November found 61% of people were broadly in favour of same-sex marriage, with 37% against.
Some in the business world say the failure to legalise same-sex marriage makes it difficult for companies, especially foreign firms, to attract and keep highly skilled labour in an increasingly international economy.
Japan’s refusal to issue spouse visas to partners of same-sex couples legally married overseas is a growing problem, forcing them to temporarily live separately.
The American Chamber of Commerce last year issued a statement saying that Japan’s stance makes it less competitive internationally as a result.
A number of foreign and Japanese firms have taken steps to work around the restrictions, but say there are limits to what they can do.
“For things that are part of the national system, such as pensions, there’s nothing they can do,” said Masa Yanagisawa, the head of prime services at Goldman Sachs Japan and a board member of Marriage for All Japan.
“All the other advanced countries have this, so Japan will lose out competitively. Then there’s the fact that people can’t be who they are. It becomes quite business-critical.”
