Japan's Supreme Court for the first time recognizes gay couples as "internal" relationships

In September 2019, a pair of lesbian couples sued the court for "infidelity" by one of them. At that time, the Moka Branch of the Utsunomiya District Court determined that even if they were gay couples, as long as they lived together, they would be applicable to heterosexual "inner margins". Legal protection of relationships also applies to gay couples.

Subsequently, the case was appealed to the second instance, and the Tokyo High Court determined in March of the following year (2020) that gay couples are equivalent to an "inner edge" relationship, and the cheating party must compensate the other half of the cuckold.

Recently (2021.3.17), the second small court of the Supreme Court rejected the appeal of the cheating party, and the cheating party determined that the plaintiff should be compensated 1.1 million yen in damages.

For the introduction of "inner edge", please refer to the old article " Chiba City Partner System Not only LGBT but also heterosexual "de facto marriage" can apply for "de facto marriage", what is "de facto marriage"? 》

The fact that there is a common life applies to the "inner edge" relationship

Regarding this civil lawsuit, the biggest feature is that the lesbian couple had "the fact of living together", and they also registered their marriage in the United States and held a wedding in Japan. This is the first and second instance court's determination that the couple applies "inner edge". The focus of the relationship.

However, in terms of details, the emphasis mentioned by the first-instance and second-instance courts is slightly different.

First instance: Article 24 of the Constitution did not foresee same marriage

In September 2019, the Moka Branch of the Utsunomiya District Court ruled that when Article 24 of the Japanese Constitution was formulated, it did not think of the possibility of same-sex marriage, so Article 24 of the Constitution could not be used as a reason for denying same-sex marriage.

→ This is very different from the recent Sapporo court ruling! Because the Sapporo court deliberately avoided Article 24 of the Constitution in its judgment, only saying that the executive branch does not allow same-sex couples to marry, which violates the right to equality guaranteed by law (this is Article 14 of the Japanese Constitution)

2021.3.17【Quick report】For the first time, a district court in Japan's same-sex marriage lawsuit stated that "the government's prohibition of same-sex couples from marrying is unconstitutional"

On February 14, 2019, on Valentine's Day, gay couples across Japan met in Tokyo, Osaka, Hokkaido and Tokyo, on the grounds that the country's rejection of same-sex marriage violated the freedom of marriage guaranteed by the Constitution and that everyone is equal under the law. The Nagoya District Court filed a lawsuit against the Japanese government for damages. Later, gay couples in Kyushu also joined the lawsuit and filed a lawsuit to the Fukuoka District Court.

Earlier today, the Sapporo District Court in Hokkaido was the first in a series of same-sex marriage lawsuits.

Judge Tomoko Takebe rejected the plaintiff's request (three groups of gay couples) on the grounds that the central government's refusal to accept same-sex marriage is not unconstitutional in accordance with Article 24 of the Japanese Constitution. However , the judge also clearly mentioned in the sentencing that the prohibition of gay couples from marrying by the public sector has violated the principle of "equality under the law" in Article 14, paragraph 1 of the Japanese Constitution, which means that the public sector's prohibition of gay couples from marrying is unconstitutional .

This is the first time that a district court in Japan has ruled that "the public sector does not allow same-sex marriage to be unconstitutional", but it is still necessary to pay attention to the next series of lawsuits in the Tokyo District Court, Osaka District Court, Nagoya District Court and Fukuoka District Court. verdict.

Second trial: If you go to register for marriage, it is a marriage relationship

In March 2020, the Tokyo High Court valued that the lesbian couple had obtained a marriage registration certificate in the United States, so it determined that the lesbian couple "has obtained a relationship that is recognized in the same way as a couple in terms of social concepts, and is equivalent to marriage. relationship”, so the Civil Law can be applied. The Tokyo High Court of the second instance did not specifically mention the issue of whether same-sex marriage is unconstitutional.

In any case, both the first instance and the second instance determined that the cheating party must compensate the cuckold party, regardless of their gender. The Supreme Court also rejected the cheating party's appeal. With this precedent, even if the same marriage in Japan has not been passed, it does not mean that non-heterosexual couples can cheat~

Further reading

References

1. Same-sex パートナーの infidelity, compensation is determined in the second instance は "marriage quasi ずる relationship" - the highest judge
2. The Supreme Court decision on the protection of the same-sex "matter marriage" law
3. Same-sex カップル Ma で も 内縁 は established judicial judgment が Supreme Judgment で confirmed

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