US man in gay marriage sues Japan’s government for same rights to long-term visa as heterosexual foreign couples
- Andrew High, a US citizen who is married to a Japanese man, is suing for the same rights to stay in the country as a foreign heterosexual couple would get
- Foreign nationals married to Japanese citizens in heterosexual unions are given long-term residence upon arrival, but those in same-sex marriages are not
According to Japanese law, foreign nationals married to Japanese in heterosexual marriages are granted long-term residence status upon arrival in Japan, but those in same-sex marriages are not.
Though nearly two dozen Japanese cities, towns and wards issue certificates recognising same-sex partnerships, they lack legal standing. Japan remains deeply conservative and the constitution says marriage is between a man and a woman.
His husband, Kohei, who does not want his last name or occupation revealed, joined him in a separate suit demanding 11 million yen (US$102,000) in damages, said Masako Suzuki, their lawyer.
“It’s violating their constitutional rights and also international conventions, because it’s an infringement of their right to have a family life,” Suzuki said.
The long-term residence status stretches from one to five years. High is on a short-term visa that expires next month.
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A former software developer at a US university, High has lived in Japan on and off with Kohei since 2009. At one point he founded his own company in Japan and gained a “business manager” visa, but lost that visa when the company ran into financial difficulties.
He then applied for a long-term residence visa granted under special circumstances but was rejected five times.
“If they’re separated because he has to leave Japan, it’s a violation of their right to have a family life. But then if his Japanese husband has to leave Japan so they can live together, it’s a violation of his right as a Japanese citizen to live in Japan,” Suzuki said.
A Justice Ministry official said they had yet to receive full details of the case and could not comment.
Suzuki said she was hopeful because of recent legal cases, including one in March in which a man from Taiwan was allowed to stay with his Japanese partner. Last month, a Southeast Asian transgender woman was also granted permission to stay.
But Japan’s conservative ruling Liberal Democratic Party said in its 2016 manifesto that “same-sex marriage is incompatible with the constitution”.
Earlier this year on Valentine’s Day, 13 same-sex couples filed suits in at least four Japanese cities, saying the government was violating their constitutional rights to equal treatment.
