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.
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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