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Last week, the Tokyo prefectural government passed a bill to recognise same-sex partnership agreements – meaning more than half of Japan’s population is now covered by such agreements.
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Though partnership certificates issued by some individual municipalities help same-sex couples to rent a place together and have hospital visitation rights, they do not give them the full legal rights enjoyed by heterosexual couples. Under the current rules in Japan, same-sex couples are not allowed to legally marry, they cannot inherit their partner’s assets – such as the house they may have shared – and also have no parental rights over their partner’s children. Japan’s constitution defines marriage as being based on “the mutual consent of both sexes”. The court in Osaka has “essentially punted and threw the issue to the Diet for legislative action,” said Jeff Kingston, professor of history and Asian studies at the Temple University of Japan, referring to the Japanese parliament. The ruling did, however, recognise that the ban infringed on individual dignity and said that “there have not been enough discussions among people in Japan” on the appropriate system to realise benefits for same-sex couples, according to Kyodo. The Osaka court ruling conflicts with a decision from a court in Sapporo in March 2021 that ruled that the same-sex marriage ban was unconstitutional. His partner, Yuki Kawata, 37, described the court as being “weak-kneed”.
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“I felt there is a long way ahead ” another of the plaintiffs, Akiyoshi Tanaka, 44, was quoted as saying by the Kyodo news agency. The plaintiffs have pledged to lodge an appeal. “I think there’s the possibility this ruling may really corner us,” Sakata said. “I actually wonder if the legal system in this country is really working,” said plaintiff Machi Sakata, who married her US-citizen partner in the United States. In addition to rejecting their claim that being unable to marry was unconstitutional, the court also threw out their demands for 1 million yen ($7,414) in damages for each couple. Three same-sex couples – two male and one female – had filed the case in the Osaka district court, only the second to be heard on the issue in Japan. The ruling on Monday dealt a setback to LGBTQ rights activists in the only Group of Seven nation that does not allow people of the same gender to marry. A court in Osaka has dismissed a lawsuit that argued Japan’s ban on same-sex marriage was unconstitutional.