Another court ruling this month found that Japan’s prohibition against same-sex marriage violates the Constitutional rights of its citizens. Does that mean marriage equality might become law? According to one report, the votes exist to pass it now, thanks to the results of October’s House of Representatives election.
Last week, the High Court in Fukuoka ruled in a case brought by three same-sex couples against Fukuoka and Kumamoto Prefectures.
The Court ruled that preventing the couples from marrying violated the 13th Amendment of Japan’s Constitution – specifically, the plaintiff’s right to happiness, and that “no reason exists any longer” to deny them this right. It also said the denial violated the equal treatment clause of the 14th Amendment and the individual dignity protection clause of the 24th Amendment.
This case had been tried before In a lower court, which yielded a weaker ruling that the government was in a “state of unconstitutionality” by denying marriage rights to same-sex couples.
Other courts in Sapporo and Nagoya have also declared the restriction unconstitutional. However, the Fukuoka High Court’s strong language is seen as an extraordinary ruling that puts extra pressure on Japan’s central government to move on passing a marriage equality law.
The votes are there now
Local governments around Japan have passed “partnership systems” that give same-sex couples some of the same rights as heterosexual married couples. However, these rights don’t extend to national matters such as inheritance and child custody laws. Many couples also say they still experience discrimination in areas covered by partnership laws.
Polls – even those from traditionally conservative media outlets – consistently show over 60% of people in Japan support marriage equality. However, hard-right elements of Japan’s Liberal Democratic Party (LDP; 自民党, jimintou) have prevented a marriage equality bill from becoming reality.
That could change after October’s election, though, which saw the LDP lose its majority in the House of Representatives. The LDP now works in a tenuous coalition government with the Democratic Party for the People (DPFP; 国民民主党, kokumin minshutou) and the Constitutional Democratic Party (CDP; 立件民主党, rikken minshutou).
According to Mainichi Shimbun, this means that marriage equality could become a reality. A survey it sent in October found that, of the 465 members of the House of Representatives, 52%, or 242, are in favor.
The only party that overwhelmingly opposes (or refuses to take a stand) on the issue is the LDP. Only 14% of its members said they’d vote for it. A full 87% of the CDP, 74% of the Innovation Party (維新の会; Ishin no Kai), and 64% of the DFPF approve of such a bill. Even 88% of respondents from the Komeito (公明党), the LDP’s coalition partner, said they were on board.
The only parties who seem to oppose the bill are the LDP and the two hard-right parties, Sanseito (参政党), a.k.a. The Part of Do It Yourself!!, and the Conservative Party of Japan (日本保守党; Nihon Hoshutou).
Mainichi says it’s likely a marriage equality bill would pass in the House of Councillors, the “upper house.” Additionally, the House of Representatives holds most of the power in Japan’s National Diet; if the upper house rejects a bill, the lower house can pass it by a simple majority with 2/3rds of its members present.
Traditionally, new laws in Japan are first formulated by the relevant Ministry and then sent to the Cabinet for approval. After that, the Cabinet sends the law to the Diet for a vote. There are currently no signs that the Ishiba Cabinet has plans to draft marriage equality legislation. However, it’s also possible for Diet members to introduce legislation themselves.
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