Japan: Same-sex marriage ban declared constitutional by Osaka court
An Osaka court has denied claims to recognize same-sex marriages. Japan is the only G7 country that does not recognize same-sex unions, but recognizing same-sex partnerships puts it among Asia's more liberal states.
Courts in Japan have issued conflicting opinions on the matter
A Japanese court declared on Monday that a ban on same-sex marriage does not violate the country's constitution.
The Osaka District Court made the declaration as it rejected a case brought by three same-sex couples who had argued their right to free union and equality has been violated.
The court denied their claim for compensation and defined marriage as a union between opposite genders — upholding a stipulation in Japan's constitution.
However, the court did state there could be benefits in some sort of framework that recognizes same-sex marriage.
"From the perspective of individual dignity, it can be said that it is necessary to realize the benefits of same-sex couples being publicly recognized through official recognition," the Osaka court said in its union.
Partnerships, not unions
The ruling came as a disappointment for activists who have made ground toward wider recognition of same-sex unions in Japan. Pressure from civil society won out in 2021, when a court in the city of Sapporo ruled that restrictions placed on same sex marriages was unconstitutional.
This mirrors mixed rulings on same-sex unions by courts throughout Japan.
Prefectural courts in Tokyo agreed this year to start recognize same-sex partnerships in November.
A Sapporo court ruled restrictions placed on same sex marriages unconstitutional
But many same-sex couples are not satisfied with a legal status that defines them as "partners" alone.
"Nothing can replace [marriage]. I feel nothing but resentment. It's like they're saying, 'We don't treat you equally but that's OK, right?'," a plaintiff in Monday's case case told AFP news agency.
Partnerships carry a different legal status than a recognized marriage in Japan. Partnership certificates do give same-sex couples hospital visitation rights or the right to rent property together, but do not provide for shared custody of children or the inheritance of property.
Region's stance on same-sex marriage
Opinion polls by the local government in Tokyo found that 70% were in favor of same-sex marriages. But the Osaka court claimed that the topic is not widely discussed in Japan.
"Public debate on what kind of system is appropriate for this has not been thoroughly carried out," said the Osaka court.
The ongoing debate in Japan mirrors rulings by other courts throughout the region. While Taiwan in 2019 legalized same sex marriages, becoming the first Asian country to do so, South Korea only recognizes the couples as common law spouses.
China does not recognize same-sex marriages or civil unions, but does grant dependent residency status to couples legally married in other countries.
Taiwan legalized same-sex marriage in 2019
The economics of inclusivity
Some analysts have indicated that Japan's stance on same sex marriage may have residual effects on the country's economy.
"International firms are reviewing their Asian strategy and LGBTQ inclusivity is becoming a topic .... International businesses don't want to invest in a location that isn't LGBTQ-friendly." said Masa Yanagisawa, head of prime services at Goldman Sachs, to the Reuters news agency prior to the Osaka verdict.
Japan will on June 26th meet with the leaders of other G7 countries, all of which have legalized same-sex marriage.
asw/aw (AFP, Reuters)
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| JUNE IS PRIDE MONTH |
FINA restricts participation of transgender athletes in women's competitions
Swimming's world governing body will only allow transgender athletes who transitioned before age 12 to compete in elite women's competitions. Some support a desire for inclusion, others say it would make races unfair.
FINA members voted 71.5% in favor of the new policy, which will apply
to all its events from Monday
World swimming's governing body FINA adopted new rules for transgender athletes at the organization's extraordinary general congress on Sunday, only permitting swimmers who transitioned before age 12 to compete in women's competitions.
"We have to protect the rights of our athletes to compete, but we also have to protect competitive fairness at our events, especially the women's category at FINA competitions," said FINA President Husain Al-Musallam.
The new eligibility policy states that male-to-female transgender athletes are eligible to compete only if "they can establish to FINA's comfortable satisfaction that they have not experienced any part of male puberty beyond Tanner Stage 2 (of puberty) or before age 12, whichever is later."
The new policy also opens up eligibility to those who have "complete androgen insensitivity and therefore could not experience male puberty." Swimmers who have had "male puberty suppressed beginning at Tanner Stage 2 or before age 12, whichever is later, and they have since continuously maintained their testosterone levels in serum (or plasma) below 2.5 nmol/L." are also allowed to compete in women's races.
Female-to-male transgender athletes (transgender men) are eligible to compete in men's swimming competitions, as their physical makeup at birth puts them at a disadvantage, if anything.
FINA members voted 71.5% in favor of the new policy. It will apply to all its events from Monday. The vote came after members heard presentations from three specialist groups — an athlete group, a science and medicine group and a legal and human rights group.
The medical group found that men who transitioned to woman retained physical advantages.
"Some of the advantages males acquire in puberty are structural and are not lost with hormone suppression," said Dr. Sandra Hunter of Marquette University in Milwaukee. "These include larger lungs and hearts, longer bones, bigger feet and hands."
A new category for transgender athletes
FINA also intends to create an "open category" to allow transgender athletes to compete in a separate class at elite level. The body said it was setting up a "a new working group that will spend the next six months looking at the most effective ways to set up this new category."
"FINA will always welcome every athlete. The creation of an open category will mean that everybody has the opportunity to compete at an elite level. This has not been done before, so FINA will need to lead the way. I want all athletes to feel included in being able to develop ideas during this process," said Al-Musallam.
The new rules drew mixed reactions. British swimmer Sharron Davies said that she was proud of FINA "for doing the science, asking the athletes/coaches and standing up for fair sport for females."
"Swimming will always welcome everyone no matter how you identify but fairness is the cornerstone of sport," she wrote on Twitter.
On the other hand, advocacy group Athlete Ally called the new eligibility criteria "discriminatory, harmful, unscientific."
"If we truly want to protect women's sports, we must include all women," the group wrote on Twitter.
Advocates for transgender inclusion argue that not enough studies have yet been done on the impact of transition on physical performance, and that elite athletes are often physical outliers in any case.
dh/msh (AP, AFP, Reuters)
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