*Translated by Google translate

Introduction

Currently in Japan, same-sex couples cannot have their marriage registration accepted. Many people have never questioned this.

However, the Civil Code does not state that same-sex marriages are not recognized. So why doesn't the local government accept the notification of a couple who want to get married? We want society, and you, to hear our voices, and that's why we started the Domestic Relations Trial.

Overview of the case

This case involves a domestic relations arbitration seeking acceptance of a marriage registration submitted by a same-sex couple living in Taihaku Ward, Sendai City, after the ward refused to accept the registration.

This case involves a domestic relations arbitration seeking acceptance of a marriage registration submitted by a same-sex couple living in Taihaku Ward, Sendai City, after the ward refused to accept the registration.

A family court adjudication is a procedure in which a family court judge makes a decision on issues related to family relationships, such as changing names or changing custody. In this case, the family court adjudication procedure is necessary to request that a marriage registration be accepted when the disposition to not accept the marriage registration is made.

Unlike a lawsuit, a family court hearing is a closed procedure, and in a case like this, there is no opposing party. During the procedure, the judge will determine whether the decision not to accept the case was lawful in light of the law.

Differences from the "Freedom to Marry for All" lawsuit

In legal proceedings regarding same-sex marriage, lawsuits ("Freedom of Marriage for All" lawsuits) have been filed across the country seeking state compensation for the lack of provisions recognizing same-sex marriage in the Civil Code. This lawsuit is based on the premise that the current Civil Code does not recognize same-sex marriage, and argues that the failure to enact legislation recognizing same-sex marriage violates the provisions of the Constitution. On that basis, the lawsuit seeks damages from the state, claiming that the failure to enact legislation violates the State Compensation Act.

The current domestic relations trial is different in that it directly requests the acceptance of the marriage registration. We believe that the refusal of Taihaku Ward in Sendai City to accept the marriage registration is a violation of the law, because "even under the current Civil Code, local governments must accept marriage registrations submitted by same-sex couples." In other words, if the current domestic relations trial concludes that the registration should be accepted, same-sex couples will be able to marry without waiting for the law to change, so this is a very significant challenge.

Background　

Koji Obama, an LGBT person, has been active for many years, including as the representative of an LGBT organization in Tohoku. Obama met his partner in 1993. At first, he just thought it would be enough if they could be together, and he didn't think much about getting married.

However, at the time, we were unable to go through important life events such as a wedding ceremony or registering our marriage, and when we started living together without coming out about our sexual orientation or telling those around us that we were a couple, we had to come out out of necessity each time, or, depending on our relationship, we had to hide the fact that we had a family living with us. Each time this happened, I felt my dignity was violated.

Furthermore, Obama is 62 years old this year, and his partner is 79. As they grow older, they are faced with the reality that they are not legally family, as they cannot consent to visits or surgery even if Obama falls ill, and they have no inheritance rights.

Why can't they accept our marriage registration? They can no longer remain silent. They filed a marriage registration seeking marriage equality and decided to file a family court ruling. On February 6, 2024, Obama submitted the marriage registration on their behalf at the Taihaku Ward office.

After that was rejected, we filed a petition for family court adjudication at the Sendai Family Court on February 14, 2024.

▲Obama submitting his marriage registration

Issues at issue　

The issue in the trial is whether it is illegal under the current Civil Code and Family Registration Act to refuse to accept a marriage notification submitted by a same-sex couple.

The Civil Code stipulates the requirements for acceptance of a marriage registration, such as that the couple be of marriageable age and that it not be an incestuous marriage, but there is no provision in either the Civil Code or the Family Registration Act that says, "A marriage registration will not be accepted unless the couple is of opposite sex."

In current family registration practice, the Civil Code and Family Registration Act refer to a married couple as a "couple" and the parties to the marriage as "husband" and "wife," respectively. For this reason, same-sex marriages are interpreted as not being recognized, even though there is no explicit provision in the law.

However, the legal team argues, for a simple reason, that since there is no provision requiring the couple to be of different sexes for acceptance, refusing to accept the couple would be in violation of the Civil Code.

The legal team also argues that refusing to accept the marriage registration is a violation of Articles 13 and 24, paragraph 1 of the Constitution, and a violation of equal treatment between same-sex couples and other couples (a violation of Article 14 of the Constitution). They also argue that interpreting the Civil Code as allowing marriage registrations from same-sex couples to be accepted is in accordance with the provisions of the Constitution, including Article 24, paragraph 2.

Social significance　

The voices calling for same-sex marriage are getting stronger, and opinions in support of same-sex marriage are spreading. However, the Diet has neglected to amend the law to recognize same-sex marriage, and the government is desperately resisting by filing lawsuits seeking state compensation. Some people involved in same-sex marriage will die before the realization of a society in which same-sex marriage is possible.

We cannot continue like this. If the courts interpret the Civil Code and Family Registration Act to allow same-sex couples to marry, the trend will accelerate dramatically, and a ray of hope will shine on the many same-sex couples who have been waiting for a society where same-sex marriage is possible.

Use of funds　

In order to fight this unprecedented lawsuit, we would like to hear the opinions of researchers of civil law and constitutional law and submit a written opinion. We plan to use the funds raised to cover travel expenses to go and hear from researchers, honorariums for writing written opinions, and expenses for holding meetings to raise awareness of the significance of this lawsuit among more people (it will not be used for lawyers' fees). We are aiming to raise 500,000 yen to cover these costs.

Furthermore, if there is any excess funds raised, we plan to ① donate them to the preceding lawsuit seeking state compensation (the "Freedom to Marry for All" lawsuit), or ② (if ① is completed) donate them to organizations working on LGBT issues.

The applicant's thoughts

Petitioner: Mr. Obama

Message from the lawyer in charge

We are lawyers who usually each tackle different issues, but after hearing about Mr. Kohama and his partner's strong desire to get married as soon as possible, we decided to form a legal team to help them.

It is a big challenge to get same-sex marriage recognized under the current Civil Code and Family Registration Act. However, if you read the Civil Code and Family Registration Act again, you will come to the conclusion that it is natural to interpret them as being possible.

It may be a tough road, but in order to realize the wishes of the two parties involved, we will seriously debate, sharpen our arguments, and convey our views to the judge.

About the legal team

▲Plaintiff Mr. Obama and his legal team

Shinji Ota Niisato & Suzuki Law Office Yukiko Sato Yukiko Sato Law Office Akiko Suda Aneste Law Office Satoshi Kojima Satoshi Law Office Satomi Tobisawa Sendai Nagamachi Law Office Yusuke Ube Sendai Chuo Law Office Hironori Obayashi Obayashi Law Office Yu Koyama Sasaki & Kasahara Law Office Satoshi Hosoya Kojima Satoshi Law Office Tsuyoshi Aizaki Law Office Akari Yamashita Masaru Togawa & Watanabe Law Office Takumi Iwakura Hiramatsu Takeshi Law Office Sendai Office

Conclusion

Our efforts are on a unique path, and the road will be difficult, and we cannot yet see where it will lead. However, the petitioner, Mr. Obama, his legal team, and all of our supporters are in high spirits, and are working with the determination to make same-sex marriage a reality. We would be grateful if you could support us.