Thirteen couples seek damages from government for denying them same rights as heterosexual spouses

This article is more than 1 year old

This article is more than 1 year old

Chizuka Oe and Yoko Ogawa have been together for 25 years, but when they submitted their marriage registration at a Tokyo town hall they knew it would be rejected.

“We were told that they cannot accept our registration because we are both women,” said Ogawa, standing in the winter sun outside the building in Nakano in western Tokyo. “There were several heterosexual couples next to us who submitted marriage registrations without any problem.”

They are now planning to take action and, along with 12 other same-sex couples, will file lawsuits on Valentine’s Day seeking to force the government to recognise same-sex marriage.

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“Why don’t we even have the simple choice of whether or not to get married?” said Ogawa.

The five lesbian and eight gay couples involved will file lawsuits across the country seeking damages of 1m yen (£7,000/US$9,000) a person for being denied the same legal rights as heterosexual couples.

Japan’s constitution stipulates that “marriage shall be only with the mutual consent of both sexes” and the government says this means same-sex marriage is “not foreseen” in the constitution or civil law.

But lawyers for the plaintiffs and other legal experts counter that there is nothing in the constitution that would prohibit same-sex marriage. They argue the language of the 1947 postwar constitution is only meant to ensure equality between prospective spouses and prevent forced marriages.

The government’s failure to enact a law allowing same-sex marriage violates the constitutional principle that “all people are equal under the law”, said Akiyoshi Miwa, who is representing some of the plaintiffs.

A survey in January found nearly 80% of Japanese aged 20 to 59 support legalising same-sex marriage.

Japan is the only nation from the Group of Seven countries that does not recognise same-sex unions.

Historically, Japan was broadly tolerant of homosexuality, with documented cases of samurai warriors during feudal times having male lovers. Same-sex relationships were even depicted in traditional art, such as ukiyoe, or woodblock prints.

But as Japan industrialised and modernised from the late 19th century, western prejudices against homosexuality were increasingly adopted. In 2018 the ruling party came under fire after one of its lawmakers claimed the lesbian, gay, bisexual and transgender community was “unproductive” because they “cannot have children”.

In a landmark advance in 2015, Tokyo’s bustling Shibuya district started issuing symbolic “partnership” certificates to same-sex couples. Some other local governments have followed suit, and corporate Japan is showing signs of moving towards recognising same-sex unions.

But not all gay couples in Japan live in areas with such certificates, meaning they can be prevented from visiting loved ones in hospitals or refused tenancy because their relationships are not legally recognised.

And the certificates “fail to give various legal rights and benefits that a marriage gives, such as inheritance and joint custody”, said Takako Uesugi, another lawyer for the plaintiffs.

The Valentine’s Day lawsuits will seek damages but the couples and their lawyers say they are ultimately hoping to force a change in the law. “What we really want is a court ruling that says the failure to recognise same-sex marriage is unconstitutional,” Miwa said.