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Plaintiffs and lawyers speak to press outside the district court in Tokyo, Japan (Photo: Facebook)
The law regulatory authority in Japan on Wednesday (24 July) said the government’s failure to recognize same-sex marriage was a ‘serious human rights violation’.
The influential Japan Federation of Bar Associations (JFBA) found current marriage law violates equality and contravenes Articles 13 and 14 of Japan’s Constitution.
‘Therefore, the state should allow same-sex marriage and promptly revise the relevant laws and regulations’ a summary of the findings said.
The JFBA sent their conclusions to the Minister of Justice, the Prime Minister, the House of Representatives House Speaker and the House of Councilors Date on Wednesday.
It comes as 13 couples sue the government to recognize their relationships in the country’s courts.
This week, Japan elected the second-ever openly-gay lawmaker to the Upper House. Taiga Ishikawa then promised to legalize same-sex marriage within his six-year term.
A big step
Local LGBTI rights activist Hideki Sunagawa heralded the JFBA statement as a ‘big step’.
He also said people could use the JFBA ruling to claim partnership rights across the country.
‘It makes it easier for activists to insist on the need for same-sex marriage’.
He also said, however, the statement would help people understand same-sex marriage as a human rights issue.
But, he warned Japan’s government often makes light of such appeals. A similar JFBA appeal for anti-discrimination legislation has not prompted a change in the law.
One of the 26 plaintiffs suing the government to recognize her same-sex marriage welcomed the JFBA statement as ‘a very strong statement to the Japanese government’
‘I am sure this will be presented to the court, and it will back up our claim’ Ai Nakajima also told Gay Star News.
Equal Marriage in Japan
Conservative Japan does not allow same-sex marriage. National laws do not protect LGBTI people from discrimination.
A survey conducted last year suggested the majority of Japanese support same-sex marriage. But this did not include Japan’s large older, conservative population.
Since 2016, local municipalities have been providing couples with limited recognition in government hospitals and housing.
Ibaraki Prefecture became the first of Japan’s 47 prefectures to implement the partnership certification system.
Newly-elected openly-gay lawmaker, Taiga Ishikawa, said Japan will have same-sex marriage within his six years in office.
He became the second out politician to win a seat in the national parliament after Kanako Otsuji was elected to the Upper House in 2013.
Ishikawa on Monday promised to push ahead with bills affording marriage equality and protecting LGBTI people from discrimination.
But the ruling Liberal Democratic Party (LDP) is notoriously anti-LGBTI.
Meanwhile, 13 same-sex couples in Japan filed lawsuits in four district courts against the government in February.
The five female and eight male couples challenged local administrations that denied them marriage certificates. They are seeking damages of US$9,000.
The couples argue the government’s stance on same-sex marriage is unconstitutional.
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