"Freedom of Marriage for All" Announcement from the Tokyo Bar Association.

The Tokyo District Court handed down a ruling on the "Freedom of Marriage for All" Tokyo Second Lawsuit on March 14, 2024. The ruling stated that the current provisions of the Civil Code and Family Registration Act do not legally recognize same-sex couples' marriages, and that there is no system in place for same-sex couples to enjoy the same legal benefits as marriage or the benefit of social notarization. This situation is nothing less than a violation of Article 24, Paragraph 2 of the Constitution, as it deprives same-sex couples of the important personal benefit of living a life in accordance with their own gender identity and sexual orientation. However, due to problems such as the court's failure to clearly declare the law unconstitutional, the plaintiffs in the lawsuit appealed the ruling on the 27th of the same month.

We are pleased to announce that the first oral argument hearing in the appeal trial of this lawsuit will be held.

Please see below for details. We will also be holding a deadline report session on the day, so please come and join us!

[First oral argument date]

Date and time: Thursday, September 26, 2024, from 3:00 p.m.

Venue: Tokyo High Court, Grand Courtroom No. 101

Case number: Reiwa 6 (Ne) No. 1861

 The appellants, Mr. Yamagata, Mr. Ichihashi, and Ms. Takeda, as well as their attorneys, are scheduled to make statements. Please look forward to it.

 *On the day of the trial, the court will issue spectator tickets to those who wish to observe the trial. Details on the time and place of issuing spectator tickets will be disclosed on the court's website at a later date. If there are many people wishing to observe the trial, a lottery may be held.

*We are also planning to organize a tour to support observers. If you are nervous about observing a trial for the first time, the Tokyo Litigation Support Team and members of the legal team will be happy to help you, so please come along!

■ Meeting place and time for the Observer Support Tour

Meeting place: Kasumigaseki Station, A1 exit (ground level)

Meeting time: 2pm

[Date Reporting Session]

A deadline report session will be held on the day of the event from around 4:30 pm, both in person and online.

This is a report straight after the court date. Please join us and tune in!

Date and time: Thursday, September 26, 2024, from around 4:30 p.m.

*The start time may be delayed depending on the progress of the trial.

Venue: Toranomon Hall (1-9-5 Nishi-Shinbashi, Minato-ku, Tokyo)

Online Streaming:

■Live streaming on the YouTube Malifaux channel (archived viewing available later)

https://www.youtube.com/live/YOsBT0JFtvc

*Please note that there may be cases where the broadcast is not completed properly or viewing is difficult due to communication or equipment issues on the day.

■The latest information on the Tokyo lawsuit ``Freedom of Marriage for All'' will be posted on the Tokyo Lawyers' Group account on X (formerly Twitter) for ``Freedom of Marriage for All .''

■Court documents and the contents of the opinion statements are available to the public on the case site of the public litigation support site CALL4 . Donations to the legal team of the "Freedom of Marriage for All" lawsuit nationwide are also accepted on this site.

"Freedom to Marry for All" Kyushu Lawsuit Fukuoka High Court Second Trial Report

Date and time: Monday , September 2, 2024, 14:30-15: 15

Venue: Courtroom 101 of the Fukuoka District Court

Judges: Judge Takeshi Okada, Judge Hironari Kishimoto, and Judge Maiko Takechi

Contents:

- The appellants (plaintiffs) have submitted preparatory briefs ( No. 1 , No. 2 , No. 3 , No. 4 , No. 5 ( Attachment 5 ), No. 6 , No. 7 , No. 8 ( Attachment 8 ), No. 9 ) and evidence.

- The appellee (defendant/government) has submitted the first preparatory brief and evidence.

- The four appellants ( Kosuke , Kozo , Miko, and Coco) and their attorney, Tomoe Suzuki , made statements.

Although each of them looked nervous during their statements, they appealed to the court in a strong voice to write a ruling that the current situation is unconstitutional. The three judges looked each of them directly in the eyes and listened seriously. Some people in the gallery nodded in agreement, and Attorney Suzuki said he felt the heat from the gallery.

- Today it was confirmed that both the appellant and the appellee have completed their arguments and evidence, and the trial has concluded.

Next hearing date: Friday, December 13, 2024, 11:00 a.m. - Judgment @ Courtroom 101 of the Fukuoka District Court

Today's trial was held in excellent weather after the typhoon had passed. Even though it is September, it is still hot, but we would like to thank the many people who came to support the trial, with the courtroom seats almost full.

The trial concluded today, and the next hearing will see the Kyushu High Court verdict being handed down. We ask for your continued support and attendance on the day of the verdict.

Press conferences and talk sessions

After the trial, a press conference was held at the Fukuoka Prefectural Bar Association Building, and a talk session was held with all those who had come to observe and support the trial. Many supporters and media representatives also participated, continuing on from the trial.

At the beginning of the press conference, Attorney Ishii gave an explanation of the progress of today's trial and the contents of the documents submitted by the appellant and the appellee.

Afterwards, Attorney Mori read out messages from Coco and Miko.

Kosuke explained that although they are still young, many years have passed since the start of the trial, and he has recently begun to think a lot about what would happen if something were to happen to either of them. He also explained that he is considering the option of adoption, but has not chosen it for now because he wants to be equal to heterosexual couples who are able to marry.

Masahiro said that although he and Kosuke often clash and argue over the topic of adoption, he hopes that getting married will allow the two of them to live in peace together.

Kozo said that in the first instance ruling of the Fukuoka District Court, there was a reference to a separate system other than marriage, which he felt was wrong, and that he wanted to convey who would be happy with a separate system, and that at the very least, he did not want a separate system, so he came to make his opinion statement.

Yuta said he was surprised that the high court ruling was due in just three months, and called for continued attention and support.

In addition, lawyer Tomoe Suzuki, who made a statement on behalf of the plaintiff, explained that she considered making her statement from the perspective that she wanted the judge to approach the task of writing the verdict with an awareness that it concerns the society in which he or she lives.

Afterwards, Attorney Mori explained the current status of lawsuits in other regions, and called for donations for the Supreme Court hearings and rulings.

*We also received many donations in the donation boxes we circulated at the venue. Thank you very much!

Finally, Kosuke and Masahiro sent a message that they want the government to once again acknowledge that basic human rights are being trampled upon, and that they hope for a ruling that will lead to the early establishment of a legal system.

Kozo and Yuta also said that they are seeking a ruling that the current situation in which same-sex marriage is not legalized is unconstitutional.

The proceedings so far will be recorded and posted on the Kyushu Freedom of Marriage for All YouTube channel at a later date. We will let you know when it is posted.

After the Q&A session with the press had concluded, the audience asked questions and sent messages of support.

After the press conference, we split into four groups and held a talk session with the audience. Although it was a short time, it was clear that each group was actively engaged in discussion. Thank you to everyone who participated.

The next hearing will be the verdict. It will be on December 13th, right in the middle of December, but we look forward to seeing many of you there to support us!

As soon as more information is available, it will be posted on the CALL4 progress page (this is the page on which this report is posted), on the Kyushu "Freedom to Marry for All" Lawsuit Twitter account (@KejisubeKyushu https://twitter.com/KejisubeKyushu ) , and on the official LINE account of the lawsuit's supporter group, "Kejisube Support Group KOE" ( https://line.me/R/ti/p/%40167akvmf# ).

This is an announcement from the Kyushu Lawyers' Team, working on the Freedom to Marry for All lawsuit.

The second hearing of the appeal in the Kyushu lawsuit will be held on Monday, September 2, 2024.

This marks the end of the appeal hearing and the next step could be a verdict.

If that happens, the next step is the Supreme Court.

September 2nd may be your last chance to cheer them on in Fukuoka.

This time, the plaintiffs are Koko, Miko, and Kosuke from Fukuoka, and Kozo from Kumamoto.

In addition, lawyer Tomoe Suzuki from the defense team will give a speech in court.

Please come to the Fukuoka High Court to take advantage of this opportunity, which may be your final show of support.

[We will be holding a hearing tour!]

The hearing tours, which have been well received in Tokyo and Aichi, will also be held in Kyushu.

Anyone is welcome to participate, including those who are anxious about attending a trial for the first time, or those who would like to hear the lawyer's talk before attending a trial.

How to participate in the tour: September 2nd, 1pm Meet at the exit 1 of Ropponmatsu Station on the Nanakuma Subway Line (above ground).

(This is the exit near Subway and Seattle's Best.)

・No application required (free)

- A member of the defense team will guide you to the area where the tickets are being distributed and will also explain what is scheduled to happen in court that day.

- There will be no priority allocation of spectator tickets for those participating in the tour.

[For those who will be observing without joining the tour]

Court will open at 2:30 p.m. , but spectator passes will be distributed.

In case a lottery is held for the distribution of numbered tickets,

We recommend that you plan to arrive at the Fukuoka High Court (located in the same building as the District Court) at 1:40 pm .

The distribution of spectator passes will be between 1:30 and 1:50 pm , but since the distribution location is behind the courthouse and can be difficult to find, we recommend that you arrive a little earlier rather than right before the deadline.

Access to the court: 3 minutes on foot from Ropponmatsu Station on the Nanakuma Subway Line

The court will be Fukuoka District Court/High Court Courtroom No. 101 (Grand Court), the same as before.

■About numbered tickets for spectators

If the numbered tickets are distributed and more people than the capacity of the courtroom receive them, a lottery will be held. If you arrive after the distribution time, you will not be able to enter the courtroom.

If spectator tickets are not distributed or if they are distributed but the number of attendees is not sufficient, admission will be on a first-come, first-served basis.

For the first session, there was no lottery, and everyone who wanted to attend was able to do so.

The Kyushu Litigation Lawyers Group will announce on Twitter (X) on the day whether or not the lottery has been awarded as soon as it is known .

(Last time, the distribution was from 1.5 hours to 1 hour before the trial started, but this time, the distribution will be from 1 hour to 40 minutes before the trial starts, so the distribution time has been delayed.)

"After the trial, we'll go to the Bar Association Building!"

The trial is scheduled to last about an hour, but as soon as it is over,

The report session, which will also serve as a press conference, will be held in the large hall (2nd floor) of the Fukuoka Prefectural Bar Association Building (right next to the Fukuoka District Court), located next to the courthouse .

The report will provide an easy-to-understand explanation of the proceedings.

The plaintiffs will also be present.

Even if you have never observed a hearing or participated in a report session before, please feel free to join us.

Those who did not attend or were unable to attend the trial are also welcome to participate in the report session only.

After the presentation, the media will be asked to leave and there will be a small talk session with the plaintiffs . Please join us for this as well.

It is scheduled to finish by 5:20 pm.

<<A report session will be broadcast at a later date>>

The report session, which will also serve as a press conference (the talk portion will not be broadcast online), will be streamed at a later date on the Kyushu Freedom to Marry for All YouTube channel (date of broadcast has not yet been decided).

If you can't make it on the day, please watch the live broadcast.

■Kyushu YouTube Channel

The Kyushu Freedom of Marriage for All YouTube Channel distributes videos including messages from plaintiffs, how to observe trials, and Q&A sessions about trials.

We create video reports of each trial,

If you want to know what's happened so far,

Please see the list of videos streaming the Kyushu lawsuit ``Freedom to Marry for All .''

(Most videos have Japanese subtitles)

Also, if you are worried about going to a trial for the first time, please take a look at " Let's Talk About Same-Sex Marriage: Court Observation Edition ," which is filled with accounts from people who have actually attended trials in Kyushu.

■If you want to support the Kyushu lawsuit even more, please register as a supporter.

If you would like to support the Kyushu lawsuit even more, please register with the support group via LINE or other means and we will send you notifications.

We have put together various URLs, so please access them from here .

Thank you very much.

Date and time: June 27, 2024 11:00

Venue: Nagoya District Court, Courtroom No. 1

Judges: Presiding Judge Nobuhiro Katada, Judge Makiko Yamamoto, Judge Yukio Suzuki

Contents:

1. Submission of written documents

The appellant (plaintiff) submitted a statement of argument supplementing its rebuttal from the perspective of international law, as well as a statement of argument regarding the problems that would arise if a separate marriage system were to be created while excluding same-sex couples from the marriage system.

The appellant Takami also submitted a statement regarding the living conditions of the appellant couple while they were raising the foster child.

2. Statement in court

The appellant, Takami, himself gave a speech (statement of opinion) about his child-rearing situation and his feelings based on that experience.

The full speech can be read under the Litigation Materials tab, High Court > Other > "Summary of Appellant Takami's Statement of Opinion."

In addition, defense team lawyers Kaoru Sunahara and Akiko Yazaki gave speeches outlining the key points of the documents they had submitted.

The documents themselves can be read under the Litigation Materials tab, under High Court > Arguments > "Preparatory Document No. 6" and "Preparatory Document No. 7", and the content of the speech can be read under High Court > Other > "Summary of Counsel's Opinion Statement".

The sixth preparatory document is an argument based on international human rights law.

The seventh preparatory document breaks down the types of systems that could be created if a separate system were to be created while excluding same-sex couples from the marriage institution, and specifically clarifies the problems that could arise from these types of systems.

3. Next hearing date

Tuesday, November 5, 2024, 11:00 a.m. (4th oral argument)

Nagoya District Court, Courtroom No. 1

The next hearing date is Tuesday, November 5, 2024 at 11:00 a.m.

The state is expected to submit a written rebuttal.

The appellant plans to present facts that show changes in society.

If the court determines that the arguments have been sufficiently presented and that a judgment can be written by the next hearing, the trial may conclude at the next hearing.

In this case, this is your last chance to show your support in court, so please come and show your support.

There is a possibility that a lottery will be held for seats to be observed, so we will keep you updated as soon as the situation becomes clear. Please check the latest information from the defense team and the court.

4. Report on the Observation Tour

For this hearing, a tour was held, organized by Naoya Matsumoto (Team.S@Toyoda). Once again, many people came to observe a hearing for the first time.

The next hearing may be the last chance to conclude the trial, and it may be your last chance to support the case by attending before the verdict is reached, so please do come and observe.

We hope that many of you will come and watch the hearing so that we can fill the gallery to capacity!

Deadline report meeting

On the same day as the deadline, an online deadline report session was held from 7pm, moderated by Jyuri An (co-representative of Nagoya Rainbow Pride).

First, in the first part, Yoko Mizutani and Akiko Yazaki, lawyers from the defense team, reported on the exchanges at the third oral argument date of the appeal trial and the contents of the written arguments. Naoya Matsumoto (Team. S@Toyoda) reported to us about the hearing tour, which will be held for the second time.

In the second part, we invited Lyra (co-representative of Nagoya Rainbow Pride), Ayane Goto (co-representative of Nagoya Rainbow Pride), and Marifor Kuma-chan to talk about the Nagoya Rainbow Pride that was held on Saturday, June 15th. We looked back on the parade and the booth of the public interest incorporated association Marriage For All Japan (Marifor) through many photos.

We have received many messages of support and thoughts from viewers about this hearing and this trial. Thank you very much.

The report session is available as an archived video on YouTube, so please take a look ( https://www.youtube.com/watch?v=keAsdtJtc9Y ).

The next meeting will also be streamed online. Please feel free to watch it even if you are unable to attend.

Regarding the Aichi lawsuit "Freedom to Marry for All," we are pleased to announce the third hearing of the appeal court, a tour of the hearing, and a hearing report session.

The "Freedom to Marry for All" Aichi lawsuit is currently being heard in appeal.

The district court ruling was handed down on May 30, 2023, clearly stating that the law violated Article 24, Paragraph 2 and Article 14 of the Constitution.

The appeal hearing seeking progress on the decision is nearing its climax.

We would like to thank everyone who continues to attend and support us.

[Third oral argument date]

Date and time: Thursday, June 27, 2024, 11:00-11:30

Location: Nagoya High Court, 1st floor, Courtroom 1 (same building as Nagoya District Court)

Contents: The appellant will make a statement and the defense team will explain the contents of the documents submitted.

*Admission to the hearing will be on a first-come, first-served basis.

[Observation tour]

The hearing tour, which was very popular last time, will be held again this time! Please come and join us!

10:00 Meet at the ground level at Exit 1 of Marunouchi Station on the Tsurumai and Sakura-dori subway lines

The defense team will talk about key points of the third oral argument date.

10:20 Move to the court

11:00 Court Observation

The trial will be dismissed around 12:00.

[Date Reporting Session]

It will be streamed online on the Youtube Marifor channel.

We plan to report not only on the date of the third oral argument, but also on the trial for permission to change the appellant's surname and Nagoya Rainbow Pride.

Date and time: Thursday, June 27, 2024, 7pm to 8pm

URL: https://www.youtube.com/live/keAsdtJtc9Y?si=pYNJf0kYTUT9Xyol

Scheduled to appear: Aichi Bar Association and others

[Latest litigation information]

We will be posting updates on X (formerly Twitter) from time to time. Please take a look.

https://x.com/mfajaichibengo

[Litigation documents]

Litigation documents that are available for public viewing are posted on Call4 ( https://www.call4.jp/info.php?type=items&id=I0000031 ).

*The preparatory documents scheduled to be submitted at the third hearing of the appeal court will be uploaded after the hearing.

1. A step forward towards realizing legal protection!

In the Aichi lawsuit titled "Lawsuit for Freedom to Marry for All," Aichi Prefecture-based couple Toshimasa Ohno and Shoichi Takami (both pseudonyms for litigation purposes) are the plaintiffs (appellants) in the Nagoya High Court.

Takami has now filed a petition with the Nagoya Family Court and received permission to change his legal surname to be the same as Ohno's.

Although this is a separate court proceeding from this lawsuit, we are reporting it as a related lawsuit because we have obtained a ruling that will have social significance in realizing legal protections for same-sex couples.

(For the sake of convenience, we will use the pseudonyms used in the lawsuit below.)

2. Summary of the trial for permission to change surname

(1) Procedural history

Takami has always dreamed of getting married and changing her husband's surname, and since she began living with Ohno, she has used that surname.

On the other hand, Ohno usually keeps his sexual orientation a secret, and so he felt uneasy about people prying into why he was living with a man who was not related to him because he had a different surname from Takami. He therefore took care to ensure that acquaintances did not know that he was living with Takami.

For such a couple, if Takami could become Ohno's surname, they would be able to live a happier and safer life.

We adopted a child in September 2023, and as there were more opportunities to explain our relationship to others, we decided to try to change Takami's surname.

The family court will examine whether there are "unavoidable reasons" for the change of surname as stipulated in Article 107 of the Family Register Act.

If it is deemed unavoidable, permission will be granted.

The application was filed in November 2023, and after interviews with the court and investigators, approval was granted in March 2024.

(2) Key points of the court's decision

The Nagoya Family Court determined that there were "unavoidable reasons" for the change of surname, taking into account the actual living conditions of Takami and Ohno, as well as the social situation regarding legal protection for same-sex couples.

The court pointed out that the living conditions of Takami and Ohno are no different from those of an opposite-sex married couple, and that it is socially acceptable to give same-sex couples a certain degree of legal protection equivalent to that of opposite-sex married couples, and therefore granted permission to change their surname.

3. Comments from the two guests

Below are some excerpts from comments made by Takami and Ohno at the press conference.

Takami-san

"We're happy that they recognize us as a family."

"I hope this decision will inspire those who are living as if nothing exists.

I want to continue to work hard. My biggest wish is to pass on the legacy to the next generation."

・Ohno

"I'm happy that we're recognized as no different from a married couple."

"It's important for each family to be able to make the choice that's best for them. Changing the surname was the best choice for our family, but there are other couples out there who feel the same way, and others who don't. There are situations where LGBT people are forced into a situation where they have no choice, so it's good that a new option has been added."

4. Towards the realization of marriage equality

Of the disadvantages that arise in a couple's lives due to being excluded from the institution of marriage, only a small portion of them can be resolved by changing surnames.

We ask for your continued support for the "Freedom to Marry for All" lawsuit in order to find a fundamental solution.

Next hearing in the Aichi lawsuit

June 27, 2024 (Thursday) 11:00 (Third oral argument)

Nagoya District Court No. 1

Nagoya Rainbow Pride is also held in June.

Members of the defense team will be present at the Malifaux booth.

Let's walk in the parade together.

A report from the Tokyo Bar Association.

We are pleased to report that the third oral argument hearing in the appeal hearing for the "Freedom to Marry for All" Tokyo First Lawsuit (filed on February 14, 2019) has been held.

Date and time: Friday, April 26, 2024, 10:30 to 11:15

Venue: Tokyo High Court, Courtroom 101

Judges: Presiding Judge Sonoe Taniguchi, Judge Yoshiaki Shibata, and Judge Kazuhiro Yamaguchi (Second Civil Division)

Attendance: 4 appellants, 19 representatives for the appellants, 4 representatives for the appellee

[Contents of the second oral argument hearing]

1. Update of arguments

Because two judges other than the presiding judge were replaced, a procedure known as "update of arguments" was carried out at the beginning of the trial.

2. Submission of documents ( Click here for the documents submitted)

The appellants presented the 9th to 11th preparatory briefs for the appeal, which they had submitted by this date. In addition, the appellee (the State) presented the 2nd preparatory brief, which it had submitted by this date.

By this date, the appellants have submitted Appellant's Exhibit Explanation Nos. 14 to 19 and Exhibits KoA790 to 836. In addition, the appellee (the State) has submitted Exhibit Explanation No. 6 and Exhibits Otsu36 and 37 by this date.

 3. Statement of opinion

 (1) Statement of opinion by appellants Ms. Oe and Ms. Ogawa ( Click here for a summary of the statement of opinion)

 Oe and Ogawa have been together as a couple for 30 years since 1994, and they have stood up and appealed to society that "even if we are sexual minorities, we all have the same dignity."

Despite their difficulties, the couple explained how continuing to be plaintiffs in this lawsuit was a tough journey, and why they continued to do so in order to obtain their marriage.

 At the end, the two of them spoke in unison, expressing their hopes for the court, saying, "We believe that hope will surely come at the end of these difficult years."

 ⑵ Statement of opinion by the appellant Ms. Nishikawa ( Click here for a summary of the statement of opinion)

 Nishikawa explained that in the five years since the lawsuit was filed, plaintiff Sato Ikuo and other friends and acquaintances who had same-sex partners on their family register had all passed away, and that those left behind felt a sense of loss at the loss of their loved ones, as well as the discrimination that "legally they are strangers" and that "the time the two of them lived is legally nonexistent." Nishikawa pointed out that the first instance ruling lacked the perspective that "time is life for an individual," and asked the court to write the ruling with the understanding that this is an issue involving tens of thousands of lives.

 ⑶ Statement of opinion by the appellant Ms. Ono ( Click here for a summary of the statement of opinion)

 Ono said that she has lived with her partner Nishikawa for 20 years, and that even though people around them naturally accept them as one family, they are legally treated as two separate families. She then shared an episode that made her feel that "the existence of a system helps to naturally lead to social acceptance."

Finally, they strongly appealed to the court, "We are a family. Don't let the law tear us apart."

⑷ Statement of opinion by attorney Uesugi ( Click here for the full summary of the statement of opinion)

Counsel Uesugi argued that the original ruling of unconstitutionality is an unshakable minimum and cannot be rolled back; that the court should not pretend not to notice that laws that do not recognize marriage are a barrier to social acceptance for same-sex couples; and that freeing sexual minorities from discrimination based on sexual orientation is an appropriate guideline for interpreting the constitution today.

Then, attorney Uesugi concluded his statement by saying, "We are confident that the court will make a clear ruling that the law is unconstitutional."

⑸ Statement of opinion by attorney Kato ( Click here for the full summary of the statement of opinion)

Attorney Kato made it clear that, despite the fact that multiple unconstitutional or unconstitutional rulings have been piling up since the lawsuit was filed up until now, there has been no discussion in the Diet on protecting the relationships between so-called same-sex couples, and that the Diet is in a completely dysfunctional state.

They then clearly explained that a system other than the marriage system would not be able to completely resolve the disadvantages faced by same-sex couples, and made a strong appeal to the court, stating, "We can no longer wait. What is needed now is the system of marriage."

4. Designation of the judgment date

The court has set the following dates for judgment:

Wednesday, October 30, 2024 10:00 AM @ Tokyo High Court, Courtroom 101

5. Date report meeting

[Online deadline report session]

A hybrid deadline report meeting was held, broadcast live on YouTube and in person (archived).

Streaming URL: https://www.youtube.com/watch?v=jOa89rmTAVM&t=4s

Date: April 26, 2024

sorry.

We would like to inform you of the third oral argument hearing (scheduled to conclude) in the appeal trial of the "Freedom to Marry for All" Tokyo First Lawsuit.

In the Tokyo First Lawsuit, "Freedom of Marriage for All," the first instance trial handed down a ruling of unconstitutionality on November 30, 2022, pointing out a violation of Article 24, Paragraph 2 of the Constitution, and the case is currently under review in the appeal court.

The third hearing will be the last hearing for the appeal court to hear the case and the date of the verdict will be decided.

Your support in various forms, such as attending court hearings, participating in and viewing court report meetings, and posting on social media, will help us. We appreciate your continued support.

The third meeting date and report session schedule are as follows:

[Tokyo First Lawsuit (Appeals)]

Third Oral Argument Date

Date and time: Friday, April 26, 2024, 10:30 a.m.

Venue: Tokyo High Court, Courtroom 101

Case number: Tokyo High Court, Reiwa 5 (Ne) No. 292

* It is expected that spectator tickets will be distributed. On the day of the hearing, a lottery for spectator tickets will be distributed at the Tokyo High Court. For more information, please check the court's website here .

[Date Reporting Session]

Date and time: Friday, April 26, 2023, 12:30 p.m.

Venue: Toranomon Hall

Suishin Koei Building 2F, 1-9-5 Nishi-Shinbashi, Minato-ku, Tokyo

Nearest station: 3 minutes walk from Toranomon Station on the Tokyo Metro Ginza Line

3 minutes walk from Uchisaiwaicho Station on the Toei Mita Line

8 minutes walk from JR Yamanote Line "Shinbashi" station

We also plan to stream the video on YouTube. The streaming URL is as follows:

Youtube live streaming URL https://youtube.com/live/jOa89rmTAVM

Subtitle distribution URL https://us02web.zoom.us/j/84676861484?pwd=Rk5NMVU3TlRxcm50bGhFeDNOUEVpQT09

■The latest information on the Tokyo lawsuit "Freedom to Marry for All" will be posted on the official Tokyo Bar Association account on X (formerly Twitter) !

■Court documents, opinion statements, etc. are also made public here.

⇒ CALL4 case site

This is a notice from the Tokyo Bar Team.

Regarding the ``Freedom of Marriage for All'' Tokyo Second Litigation, the first instance judgment (hereinafter referred to as the ``Judgment'') was handed down at the Tokyo District Court on March 14, 2024. We would like to inform you that the plaintiffs filed an appeal against this judgment on March 27 of the same year.

1 Grounds for appeal

In this judgment, the Tokyo District Court stated, ``The provisions of this case do not recognize marriage between same-sex couples, etc., and do not allow same-sex couples, etc. to enjoy legal benefits similar to those of marriage, or to social The reason why there is no system in place to allow same-sex couples to enjoy the benefits of notarization is that same-sex couples cannot enjoy the important personal interest of living a life consistent with their gender identity and sexual orientation. It is nothing short of depriving same-sex couples, etc.'' It cannot be recognized that there is such a thing, and it is in violation of Article 24, Paragraph 2 of the Constitution.''

Based on the results of personal examinations and witness examinations, the court found that legally same-sex couples form an irreplaceable family relationship just like legally opposite-sex couples. , the decision to determine that the current provisions of the Civil Code and the Family Register Act, which do not legally recognize marriage for same-sex couples, and the lack of legislation regarding legal systems such as marriage, are unconstitutional, which is highly commendable.

However, because the details of the system design are left to the discretion of the Diet, the lack of these provisions or any legislation at this stage could immediately be considered a violation of Article 24, Paragraph 2 of the Constitution. Although it is recognized that the social situation has become such that it cannot be taken for granted that marriage is a legal system that should be legally recognized only for opposite-sex couples, at this stage the Constitution It is completely acceptable that Article 24, Paragraph 1 of the Constitution and Article 14, Paragraph 1 of the same law were not found to have been violated, as it cannot be said that Article 1 requires legal guarantee of marriage for same-sex couples. It's not a thing.

Until now, the Tokyo legal team has argued that sexual minorities such as transgenders and homosexuals and cisgender heterosexuals have the same personal value, and that the reality of the lives of legally same-sex couples is different from that of legally opposite-sex couples. I have repeatedly argued and proven that there is no legal basis for excluding same-sex couples from marriage because there is no difference between the two. Nevertheless, forcing legally same-sex couples into a system different from the current marriage system, such as a ``legal system similar to the current marriage system,'' stigmatizes legally same-sex couples as ``second-class citizens.'' It only serves to strengthen the status quo, which undermines the dignity of individuals.

This judgment does not accurately understand the concept of "individual dignity," and it must be said that the court's decision to not declare the provisions in question to be unconstitutional was unjust.

Therefore, in order to truly realize marriage equality, Tokyo Lawyers filed an appeal against this judgment on March 27, 2024.

2 Information on the appellant

The appellants are a total of eight plaintiffs in the Tokyo secondary lawsuit entitled "Freedom of Marriage for All": Ms. Hatogai, Mr. Kawachi, Mr. Yamagata, Mr. Kei, Mr. Fujii, Mr. Fukuda, Mr. Takeda, and Mr. Hitotsubashi. It's a name.

3 Appeal press conference

After the appeal, we held a press conference at the Judicial Press Club, and the appellants, Mr. Hatogai and Mr. Yamagata, spoke about their thoughts on the appeal. In addition, the attorney read the comments of the appellants, Mr. Kawachi, Mr. Kei, Mr. Fujii, Mr. Fukuda, Mr. Takeda, and Mr. Hitotsubashi on their behalf.

4 Future plans

Details have not been decided at this time. We will contact you again once the details are decided.

The battle will now move to the Tokyo High Court, but the appellant and his defense team will do their best to have the high court hand down a favorable verdict. We ask for your continued support during the appeal hearing.

that's all