Japan’s conservative-leaning government continues to drag its feet on passing marriage equality despite broad public support. However, in a surprise move, the government today said that same-sex couples were covered by 24 laws usually reserved for legally recognized marriages.
The decision follows a court ruling last March in the case of a man in Nagoya, Uchiyama Yasuhide (49), whose partner had been murdered. The man sued Aichi Prefecture when it denied him a spousal survivor benefit, arguing that the two men had a common-law marriage.
Two lower courts ruled against the man. However, in a 4-1 decision, Japan’s Supreme Court found their relationship “amounted to a common-law marriage” and sent the case back to the lower court for reconsideration.
As a result of the decision, Japan’s central government considered whether to recognize other legal rights for same-sex partners. As a result, it’s determined that 24 additional law apply to same-sex partners in common-law marriages, including protection from domestic violence, lease/rental laws, and access to child abuse prevention services.
While a step forward, there are still 130 laws under which same-sex partnerships might apply. These include Japan’s pension law, public health care system law, and childcare allowances, among others.
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Miura Junko, the head of Japan’s Children and Families Agency, says the government is expediting consideration of whether, and how, these laws apply to same-sex couples.
A majority of people in Japan support marriage equality. However, conservative elements of Japan’s long-ruling Liberal Democratic Party (LDP) vociferously oppose it.
Last October’s election, however, knocked the LDP from the seat of majority power, forcing it into a coalition government. It’s possible now, say some, that a marriage equality bill would have enough votes to pass in Japan’s Diet.
Around three-quarters of Japan’s population is currently covered by local partnership systems. These confer some rights to same-sex couples at the municipal level but aren’t a substitute for full marriage rights.
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