Are you familiar with Conventions on the Protection of Human Rights?

Some of you who visit the CALL4 website may already be familiar with it.

This is an event held once a year by the Japan Federation of Bar Associations.

 Discussions are held on current social issues from the perspective of protecting human rights, and opinions are expressed in the form of resolutions.

In 2025, the event was held in Nagasaki on December 12th.

Since the event was held in Nagasaki to mark the 80th anniversary of the end of the war, the "Nagasaki No-war Declaration" was adopted,

"Resolution Calling for the Realization of Inclusive Education where Children Learn and Grow Together, and an Inclusive Society where All People Live Together."

And, which is closely related to this case,

"Resolution Calling to Amend the Civil Code to Permit Marriage Between Parties Regardless of Their Sex".

https://www.nichibenren.or.jp/document/civil_liberties/year/2025/2025_3.html

This resolution calls for amendments to the Civil Code and other laws, but it does not necessarily start with the premise that marriage is impossible under current law.

Civil law and the laws surrounding it are rules that are very relevant to our daily lives, so it's best if they're easy to understand.

Even if the marriage could be legally permitted by interpreting the current law to conform to the Constitution, it is important to revise it so that it is unambiguous to anyone who reads it.

Attorney Takeru Ito of our legal team expressed at the venue as follows:

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I am deeply grateful for the opportunity to speak.

Today's resolution is highly significant because it represents a step forward from previous discussions on the issue of same-sex marriage, as it does not presuppose legislative inaction.

I would like to acknowledge this point and express my opinion from a position of agreement.

In the debate surrounding same-sex marriage,

"The Civil Code does not guarantee same-sex marriage."

This view has been dominant until now.

However, according to this line of reasoning, even if the plaintiffs ultimately win the case, the court can only declare that "the Civil Code's failure to guarantee same-sex marriage is unconstitutional." In order to actually recognize same-sex marriage, the National Diet must amend the Civil Code and establish it as a legal system.

So, does the government and parliament really swiftly amend the law simply because the Supreme Court has declared it unconstitutional? While there are certainly examples of this, there are also many examples where this has not happened. The provisions for severe punishment for parricide were amended a full 22 years after the unconstitutional ruling. In the lawsuits against cuts to welfare benefits, further cuts are still being attempted despite court rulings that they were illegal. Furthermore, under the current administration, there are also those who clearly oppose same-sex marriage.

In this situation, there are currently several same-sex couples in Japan who are seeking to get married as soon as possible and have filed for family court proceedings based on the Family Register Act, requesting that their marriage registration be accepted.

However, if we assume that "the Civil Code does not recognize same-sex marriage," then these lawsuits would be dismissed from the outset.

The Constitution is a law that takes precedence over civil law.

If Articles 24, Paragraph 1 and 13 of the Constitution guarantee the freedom to marry to same-sex couples, then the Civil Code should be interpreted in accordance with the Constitution, and it is logical to interpret that the Civil Code also guarantees same-sex marriage. There are no provisions in the Civil Code that prohibit same-sex marriage. The terms husband, wife, father, and mother appear in provisions concerning the effects of marriage, but they do not appear in the requirements for the formation of marriage. The question of how these effect provisions apply to same-sex couples and the question of whether marriage itself should be recognized as valid should be logically distinguished.

It is not entirely clear whether this resolution actively adopts this position.

However, I greatly appreciate that the wording does not exclude this position. And I personally believe that clarifying the recognition of same-sex marriage is of great significance.

For the reasons stated above, I support this resolution.

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The resolution was passed by a majority vote.

I felt that this case was also part of the mainstream of our times.

Just as I was writing this article, news broke that six cases of state compensation claims regarding same-sex marriage, awaiting a Supreme Court ruling, had been referred to the Grand Bench (March 25, 2026). This means the courts are now ready to break new ground. I hope for a ruling that will bring happiness to all those who wish to marry.

The photo below shows the former residence of the Chief Judge of the Nagasaki District Court, located in Glover Garden, which I visited the day after Conventions on the Protection of Human Rights.

Written by: Masahiro Kanaeda, Attorney at Law, "Married in France, Married in Japan Too!"

From the legal team "Married in France, Married in Japan Too!" to all supporters

 December 9, 2025

 A press conference was held

 -Regarding a domestic relations trial petition filed by a Japanese-French same-sex couple married in France-

 Thank you very much to all our supporters for your continued warm support.

 The legal team "Married in France,Married in Japan Too!" held a press conference at the Tokyo District Court on Tuesday, December 9, 2025. We were also able to hold a private gathering with supporters who came to the event after the press conference that day. While this has already been covered in various media outlets, we would like to report the details of the event below.

 ■ Summary of the petition

 The petition filed this time by Watanabe Prosper Rei and her partner Watanabe Prosper Coralie, a Japanese-French legally same-sex couple who are officially married in France, is against the Mayor of Amagasaki, Hyogo Prefecture, seeking acceptance of their marriage registration in Japan.

 ■ Complainant's voice

 At the press conference, Rei shared her heartfelt feelings. When an earthquake struck off the east coast of Aomori Prefecture the day before the press conference, she felt extremely anxious, wondering, "If we ever needed to evacuate, would I be able to evacuate with Kogari? Legally, I'm a stranger to her, so would I be able to handle the paperwork on her behalf?"

 In France, they are recognized as a married couple and family, but in Japan they are legally treated as "strangers." This contradiction poses risks in all aspects of life, including evacuation during disasters, emergency medical care, and custody issues surrounding future children. Furthermore, in France, if one partner in a same-sex married couple comes from a country that does not recognize same-sex marriage, they cannot become foster parents. Rei tearfully pleaded, "When we have children in the future, I want to be able to proudly say, 'We are a family,' in both countries."

 Reflecting on the social changes that have occurred since same-sex marriage was legalized in France in 2013, Kogali said, "It has been proven that equality does not disadvantage anyone and can profoundly change the lives of those involved," and made a strong appeal for the realization of a society in Japan where love is protected by law.

 ■ Private meetings with supporters

 After the press conference, we moved to another location and held a private meeting with the supporters who had gathered that day, along with the legal team and the plaintiff. We would like to express our sincere gratitude to everyone who took the trouble to travel from far away to attend.

 At this event, we were able to speak more frankly about the circumstances, thoughts, and future prospects that we were unable to fully share at the press conference. Both Rei and Kogari said they were very encouraged by the presence of everyone in attendance, and the entire legal team was once again reminded of the strength of your support.

 We will continue to provide opportunities for information sharing, and we appreciate your continued support.

 ■ Future initiatives

 The legal team "Married in France, Married in Japan Too!" is not just waiting for a legislative solution, but aims to realize relief for the parties' rights as soon as possible by making the most of the current legal framework.

 ■ Press Links

 We were featured in the article below. We would like to express our gratitude once again.

 A female couple married in France filed for domestic relations arbitration | Magazine for LGBTQ+Ally - PRIDE JAPAN

 Same-sex couple from France file for domestic relations trial after marriage registration rejected in Japan - "Our wish is not unique" - Lawyer.com

 "We're strangers in Japan..." Same-sex couple in France file for domestic relations court to have their marriage registration "accepted," calling for "relief without waiting for legislation" | Lawyer JP News

 Same-sex marriage lawsuit: 5 wins, 1 loss... How will the Supreme Court, the "last bastion of human rights," rule? | FNN Prime Online

 Same-sex international couple petitions for marriage recognition in Japan - The Japan Times

 Same-sex couple who married in France hold press conference calling for their marriage to be recognized as "husband and wife" in Japan | Shinano Mainichi Shimbun Digital, a news site for Shinshu and Nagano prefectures

Mariage pour tous au Japon : le combat de Rei et Coralie 

 [Lawyer JP News] "In Japan, we're strangers..." Same-sex couple in France file for domestic relations court to have their marriage registration "accepted," calling for "relief without waiting for legislation" | List of human rights topics | Furatto Human Rights Information Network

 ■ Links to past news videos

 [We're a "family" in France, but we're "single" in Japan] Same-sex couple fight legal barriers: "My country should also recognize us as a married couple" - petition to have their marriage registration accepted

 France holds parade calling for LGBTQ understanding, marking 10 years since same-sex marriage was legalized (published June 25, 2023) | NTV NEWS NNN

 We sincerely thank you for your continued support and cooperation.

 Written by: Shuichi Yoshida, Attorney at Law, "Married in France, Married in Japan Too!"

Following the release on CALL4, we would like to report on our activities to date.

 (All times in Japan time)

 2023

 October 9th: Send the necessary documents (petition for family court adjudication, rejected marriage registration, certificate of rejection, etc.) to the Amagasaki branch of the Kobe Family Court.

 The case was handled by the same branch on the 10th.

 Decision made by a panel of three judges on the 12th (decision to hear and decide the case)

 [Related Cases] October 25th: Supreme Court Grand Bench rules that the requirement to renounce reproductive ability under the Gender Identity Disorder Special Cases Act is unconstitutional

 November 29th: Evidence (Exhibits A1-286) submitted

 2024

 January 26th: Submitted the following document

 Supplementary document 1 (supplement of the outline of the argument)

 Supplementary Document 2 (Previous civil law theories are not the basis for constitutional interpretation)

 Supplementary Document 3 (Previous civil law theories have not proven that "the Civil Code prohibits same-sex marriage.")

 Supplementary Document 4 (Article 24 of the Constitution does not provide a justification for the prohibition of same-sex marriage not violating Article 14, Paragraph 1 of the Constitution)

 *Supplementary documents 2 to 4 take into account the problems with the local court decisions in the "Freedom to Marry for All Lawsuit" (hereinafter also referred to as the "Class Action Lawsuit").

 Evidence (Exhibits A287-343)

 February 4th: Evidence (Exhibits A344 and A345) submitted

 [Related Cases] March 14th: Sapporo High Court rules in "Class Action Lawsuit" that Article 24, Paragraph 1 of the Constitution guarantees

 [Related Cases] March 26, Supreme Court Third Petty Bench Ruling on Crime Victim Benefits for Same-Sex Partners

 May 7: The Amagasaki Mayor's opinion is submitted to the court.

 [Related Case] June 21, Supreme Court Second Petty Bench upholds claim for paternity of child born from frozen sperm of a person who legally changed his gender status from male to female

 June 28: Submitted a rebuttal to the Amagasaki Mayor's opinion dated May 7

 July 8th: Photographs  and statements of Rei and Coralie (Exhibits B) were submitted.

 July 15th: Submitted the following document

 Supplementary document 5 (What is the distinction based on?)

 Supplementary Document 6 (Violation of Article 24, Paragraph 1 of the Constitution & the marriage registration in this case should be accepted)

 Evidence (Exhibits A346-385)

 December 7th: Evidence (Exhibits A386 and A387) submitted

 [Related Trial] December 13th: Fukuoka High Court rules in "Class Action Lawsuit" that Article 13 of the Constitution is violated

 December 30th: Submitted the following documents

 Supplementary Document 7 (2024 Civil Code Amendment, Supreme Court ruling on unconstitutionality of the GID Law, supplementary documents following the Supreme Court ruling on the GID affiliation lawsuit, etc.)

 Supplementary document 8 (supplementary argument regarding relief in case of unconstitutionality)

 Supplementary Document 9 (Private International Law Claims and Overall Overview of Claims)

 Supplementary document 10 (the admission of this case is not legislation by the court)

 Supplementary Document 11 (Disadvantages of Prohibition on Marriage)

 Professor Shuhei Ninomiya (Civil Law) Opinion Statement

 Opinions on Private International Law

 Evidence (Exhibits A388-393, C1-6)

 2025

 [Related Court Cases] March 25th: Osaka High Court rules "Class Action Lawsuit" unconstitutional

 June 26th: Amagasaki Mayor's opinion (2) is submitted to the court.

 September 9th: Submitted a rebuttal to the Amagasaki Mayor's opinion (2) and evidence (Exhibits A394-401) dated June 26th

 Currently active

 [Related Trials] lists some of the trials closely related to this case for reference, to show the timeline of the activities in this case.

Introduction of the lawyer in charge

Our legal team is officially recognized as a grant recipient of the "Adire Future Creation Fund," a project by the Public Interest Promotion Association.

In addition, we operate with the support of a loan from the "Nagano Prefecture Human Rights Fund."