The first round of a legal battle launched in 2019 for the recognition of gay marriage in Japan ended on Thursday, with a mixed record so far but nevertheless encouraging according to Japanese LGBT activists.
Last court of first instance to speak on the case, the court of Fukuoka (south-west) estimated Thursday that the absence of equality before marriage amounted to an “unconstitutional situation”.
Coordinated legal actions were launched in 2019 by LGBT activists to order the Japanese state to pay damages to same-sex couples deprived of the possibility of marriage and therefore enjoy the rights and benefits associates.
Their broader objective was to put pressure on the state to legally recognize same-sex unions, as all the other G7 member countries have already done.
A dozen couples had launched proceedings before five courts of first instance across the country, from Sapporo (north) to Tokyo via Nagoya (center), Osaka (west) and Fukuoka.
But the judges each time rejected their claims for damages, and were divided on the fundamental question of determining whether or not the ban on gay marriage was contrary to the Japanese Constitution, which guarantees the equality of all before the law.
All the courts approached “at least agree on the need for legislation that publicly endorses same-sex relationships and grants them legal protection equivalent to that of heterosexual couples,” Takeharu Kato told AFP on Thursday. , a lawyer who filed one of these proceedings.
Before the Fukuoka court, those of Sapporo, Tokyo and Nagoya had also considered that the lack of equality before marriage created an “unconstitutional situation”, but without going much further.
The Japanese Constitution of 1947 only stipulates that “marriage can take place only with the mutual consent of both sexes”, which gives rise to much debate and interpretation.
“The government does not consider the civil code and other provisions relating to marriage to be unconstitutional,” government spokesman Hirokazu Matsuno told reporters last week after the ruling in Nagoya.
The Nagoya court had noted that same-sex couples are “excluded from access to important personal benefits granted to legally married couples”.
“The justification for the existence of these significant disparities and the absence of action to remedy them is now unconvincing,” added this court.
A year ago, however, the Osaka court argued that the differences between homosexual and heterosexual couples were already partially taken into account by the partnership certificates issued by municipalities.
Several of these court decisions should be appealed. The plaintiffs plan to oppose in particular the argument that alternatives to marriage offer equivalent rights, Mr. Kato said, hammering: “What we want is marriage.”
Polls show that a majority of the Japanese population is in favor of gay marriage. Moreover, a growing number of companies and municipalities across the country are offering same-sex couples benefits similar to those of married people.
A timid bill aimed at “promoting understanding” towards the LGBT community is expected to be approved this month by the Japanese parliament.
The adoption of a more ambitious first text had fallen apart in 2021, under pressure from the most conservative wing of the main ruling party, the Liberal Democratic Party (PLD), of which Prime Minister Fumio Kishida is the current leader. .
Organizations defending the rights of LGBT people have denounced a new text “emptied of its substance”.
08/06/2023 09:33:54 – Tokyo (AFP) – © 2023 AFP
