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Japanese LGBT couples will file Valentine’s Day lawsuits demanding gay marriage be made legal

  • The couples will file suits on February 14 in at least four cities, including Tokyo, claiming the government is violating their constitutional rights
  • Japan’s laws on LGBT rights are relatively liberal compared with many Asian countries but being openly gay remains largely taboo

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Revellers at the 2017 Tokyo Rainbow Pride parade in Tokyo’s Shibuya district. Photo: AP

How close is Japan to legalising same-sex marriage? That complicated question may be partially answered, perhaps fittingly, on Valentine’s Day.

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On February 14, at least 13 same-sex couples will file coordinated lawsuits in district courts across Japan. The couples will seek damages over claims that the national government and most local authorities had violated their constitutional right to equality.

The legal action will be the first of its kind in Japan, and its organisers have timed it for maximum publicity. Gay rights activists accuse Japan of lagging behind other countries on LGBT issues, pointing out it is the only member of the G7 – representing the world’s largest advanced economies – that does not recognise same-sex unions.

“The constitution gives you the right to pursue happiness and equality before the law,” said Yoshie Yokoyama, one of the group’s lawyers. “Not recognising same sex marriage violates this.”

It’s not the first time the fight has entered the legal realm: in 2015, more than 450 people applied to the Japan Federation of Bar Associations to protect their human rights and push to make same-sex marriage legal.

I think that the next country in Asia to achieve marriage equality will be Japan
Ken Suzuki, law professor

The situation has intensified in Japan since last month when voters in Taiwan, once seen as a beacon of LGBT rights, rejected a proposal to rewrite the island’s civil code to allow same-sex marriage. Voters also adopted a ban on teaching “homosexual-related topics” at primary and junior high schools.

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