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“Freedom to Marry for All” Tokyo Lawsuit ( First Stage )

Report on the judgment of the first instance

We got an "unconstitutional judgment"!

On November 30, 2022, the Tokyo District Court handed down the judgment of the first instance in the Tokyo First Lawsuit, "Freedom to Marry for All".

The judgment held that the absence of a legal system under current law for same-sex couples to become partners and families constitutes a serious threat and obstacle to the survival of the individual, and constitutes a violation of Article 24(2) of the Constitution . We were able to obtain an epoch-making "unconstitutional status judgment" that will be a big step towards the realization of marriage equality.

<Summary of date for delivery of judgment>

Date: November 30, 2022, 14:00-

Venue: Tokyo District Court Courtroom No. 103

judge:   Presiding Judge Momoko Ikehara, Judge Tatsuya Masudome, and Judge Reitaro Yokoyama

Attendance: 4 plaintiffs Plaintiff's attorney Defendant's attorney

○ Click here for the flag-raising pattern immediately after the judgment

　　https://www.youtube.com/watch?v=wF0Ch_jCDXg (around 12:40)

(Tokyo primary plaintiff and defense team entering Tokyo court)

<Summary of judgment>

In this ruling, the court ruled that the current situation where there is no system for same-sex couples to become families is unconstitutional, in violation of Article 24, Paragraph 2 of the Constitution .

Article 24, paragraph 2 of the Constitution stipulates that laws concerning marriage and family must be enacted on the basis of individual dignity and the essential equality of both sexes. The ruling this time states, ``The benefit of being able to receive legal protection as a family and receive social notarization for becoming a family with a partner and living together is an important personal benefit that is related to the dignity of the individual.'' Under the current law, same-sex couples are in violation of Article 24, Paragraph 2 of the Constitution, as "the absence of a legal system for that is a serious threat and obstacle to the existence of a person."

On the other hand, this ruling is based on the idea that there are various ways to build a legal system for same-sex couples to become partners and families, and that the Constitution leaves it to the discretion of the Diet. It has been concluded that the provisions of the Civil Code and the Family Register Act (hereinafter referred to as the "Provisions"), which do not recognize marriage between same-sex couples, violate Article 24, Paragraph 2 of the Constitution. I can't cheat. In addition, the plaintiffs argue that it cannot be said that the provisions of this case violate Article 24, Paragraph 1 or Article 14 of the Constitution, and that the Diet's failure to make same-sex marriage a law is illegal under the State Compensation Law. I dismissed the claim.

○ Gist of judgment

https://call4.jp/file/pdf/202211/2119875afc129096ed41d7a93400e5b4.pdf

○ Judgment full text

https://call4.jp/file/pdf/202211/4a8629d74409d0e9f4a874008c629f9d.pdf

(Members of the press gathered before the verdict)

<Significance of this judgment>

This ruling is substantially unconstitutional in that it asserts that the current law does not allow same-sex couples to become partners and family members, which violates Article 24, Paragraph 2 of the Constitution. The ruling states that the benefits of being able to receive legal protection as a family and social notarization for becoming a family and living together with a partner are important personalities related to the "personal dignity" set forth in Article 24, Paragraph 2 of the Constitution. The ruling clearly states that the absence of a legal system for same-sex couples is a serious threat and obstacle to the survival of the individual, and is of great significance for the realization of marriage equality. The government must take this ruling seriously, pointing out that the current law is unconstitutional, immediately start amending the law, and open the door to marriage to same-sex couples.

On the other hand, the ruling states that the constitution presumes that there are various ways to establish a legal system for same-sex couples to become families, and that it is left to the discretion of the Diet. It is not possible to conclude that the provisions in question violate Article 24, Paragraph 2 of the Constitution, and that Article 24, Paragraph 1 of the Constitution, which stipulates freedom of marriage, and Article 14, which stipulates the principle of equality, are also constitutional. is extremely unfortunate.

In order to eliminate the "grave threats and obstacles to the personal survival" faced by same-sex couples, as pointed out in this ruling, it is necessary to amend the law to make marriage irrespective of the same sex. What we want is equal freedom to marry, regardless of sexual orientation or gender identity. If same-sex couples are not allowed to marry and only have a separate system, the law will position same-sex couples as inferior to heterosexual couples and provide grounds for social discrimination. With the idea of "separate but equal", no matter how much a system similar to marriage is created, discrimination on the grounds that "it is not the original marriage" will not disappear, and threats and obstacles to individual dignity will not be eliminated. . I believe that the court should have gone one step further and clearly concluded that the Provisions, which do not recognize same-sex marriage, are unconstitutional.

In addition, regarding this ruling, the Tokyo lawyers for the "Freedom to Marry for All" litigation and the National Lawyers Liaison Committee for the "Freedom to Marry for All" litigation issued a statement of the defense attorneys. Please see here .

○ Defense team statement

https://call4.jp/file/pdf/202211/b16e86dfb95ebe14740ff4fc5a3748b6.pdf

<Press Conference/Judgment Briefing>

After the ruling, a press conference and a ruling debriefing session were held, which were also streamed live on YouTube.

Date and time: November 30, 2022 17:10-

Place: WeWork Shiroyama Trust Tower 19th Floor

URL: https://youtu.be/8Ix16kdNEik (with archive)

“Freedom of Marriage for All” Plaintiffs in the second lawsuit in Tokyo, plaintiffs in the Kansai lawsuit, their attorneys, and many of their supporters attended the event, making it a lively meeting to report on the judgment.

(Press conference & verdict briefing session)

<Concluding remarks (on this ruling)>

What we want is a society in which both heterosexual and same-sex couples can legally choose to become a family through marriage, and where such relationships are recognized by society. This ruling is an important milestone towards that goal.

I was able to obtain this meaningful judgment with the support and encouragement of so many people. I believe that the judge's heart was touched by the fact that we delivered to the court the voices of everyone who gathered signatures calling for same-sex marriage and asking for the interrogation of the plaintiff. Since the interrogation was described as "miscellaneous matter" and the attitude toward conducting the interrogation was negative, we collected signatures and a "letter to the judge" requesting the interrogation and delivered everyone's voices to the court. Under the presiding judge, Momoko Ikehara, who was appointed as the presiding judge, he will be interrogated, and the content of the interrogation is mentioned in an important part of the judgment. ) Without your supportive messages, hearings, posting on social media, donations , etc., the plaintiffs and the defense team would not have been able to arrive at a meaningful judgment that this state of affairs is unconstitutional. was. Thank you again for your support and encouragement.

From now on, I would like to move forward one step at a time with everyone, aiming for the goal, so please continue to support me.

Regarding the "Freedom of Marriage for All" Tokyo 1st Lawsuit, the Tokyo attorney's team will inform you about the date of the judgment on November 30 and the debriefing session.

On November 30, 2022, the Tokyo District Court will finally hand down the judgment of the first trial in the “Freedom of Marriage for All” Tokyo First Lawsuit.

This follows the Sapporo District Court in March 2021 (unconstitutional ruling) and the Osaka District Court in June 2022 (constitutional ruling) among the various “Freedom to Marry for All” lawsuits taking place nationwide. This is the third verdict. The judgment is divided at the district court level, and interest in the judgment of the Tokyo District Court is increasing.

Three years and nine months have passed since the lawsuit was filed, and the day for judgment has finally arrived. Please pay attention to whether the current legal system that does not allow marriage just because the legal gender is the same is unconstitutional or constitutional, whether the judiciary recognizes marriage equality, and what kind of judgment will be made on the freedom and equality of marriage. Thank you for your support! !

[Decision date]

Date and time: November 30, 2022 (Wednesday) 14:00-

●Venue: Tokyo District Court 1st Floor, Courtroom No. 103

●Case number/Case name: 2019 (Wa) No. 3465 National compensation claim case

• lottery for hearing

It is expected that there will be a large number of people who wish to attend, and it is expected that numbered tickets will be distributed by the court on the day and a lottery will be held.

(2022/11/25 added) Numbered tickets will be distributed to those who come to Tokyo District Court No. 1 delivery office by 13:40 on the day. Please check the court website for details.

[Raising the flag immediately after the judgment]

Immediately after the ruling, near the main gate of the court (on the side of the Ministry of Internal Affairs and Communications), flags will be raised to announce the results of the judgment. do. We are also planning to stream the event live on Youtube . It is expected to be around 14:30.

• Depending on the status of the judgment, there is a possibility that the time will be shifted significantly. In addition, delivery may not be possible or may be interrupted depending on the radio wave conditions at the site. Thank you for your understanding.

[Press Conference & Judgment Briefing] * Click here for details

◆Press conference◆ 17:00～ (Registration starts at 16:30)

It is intended for members of the press, but the general public is also welcome to participate.

◆ Judgment debriefing ◆ 17:45～

We will talk about the summary of the judgment, the plaintiff's impressions after receiving the judgment, and the views of the defense team. Anyone can participate.

●Place “ WeWork Shiroyama Trust Tower”

19th Floor , Shiroyama Trust Tower , 4-3-1 Toranomon, Minato-ku, Tokyo ( Googlemap )

●Pre-registration Pre-registration for on-site participation is here .

• Advance participation application priority. As the number of participants is limited, we ask that those wishing to participate on-site please register in advance.

● Online distribution:

Both the press conference and judgment briefing will be streamed live on the Youtube Malifour channel .

• <Related Events> From November 29th to November 30th, the day before the judgment, there will be a "Tokyo District Court Judgment Eve Festival & Judgment Report Meeting" to build up the momentum to realize marriage equality. Please join us and listen. Click here for details .
• <twitter> The latest information on the “Freedom of Marriage for All” Tokyo Lawsuits (1st & 2nd) is being sent from time to time on the twitter account ( @KejisubeTokyo ) of the Tokyo Legal Team . Also, thank you to the National Kejisube Plaintiffs Group ( @kejisubegenkoku ), which is directly sent by the plaintiffs of the "Freedom of Marriage for All" lawsuits nationwide.
• <CALL4> As soon as the verdict and statement of the defense team are ready, we plan to publish them as soon as possible on the case site of CALL4, a public litigation support site . When it is released, we will inform you on the twitter of Tokyo Bengodan.
• <Donations> Support and donations to the "Freedom to Marry for All" lawsuits nationwide are also accepted from the CALL4 case site .

【Notes】

• When attending the hearing of the verdict, press conferences, debriefing sessions, and other related events on-site, we ask that you take basic measures against infectious diseases, such as wearing a mask and disinfecting your hands. .

Also, if you have cold symptoms such as fever or cough, or if you are not feeling well, please refrain from participating.

• The start times shown here are only tentative, and may change depending on the situation on the day. In addition, regarding live distribution, there is a possibility that it may not be possible or the image and sound may be disturbed due to communication conditions, equipment trouble, etc. Please note.
• At the venue on the 19th floor of Shiroyama Truss Tower, there will be areas where photography is permitted and areas where photography is not permitted. The media and the general public will enter, so if you do not want your face to be seen, please use the no-photographing area.

In addition, in consideration of the fact that some of the general participants have various circumstances, we would like to ask you to hold your camera or smartphone in the shooting prohibited area, take a picture, and post it on SNS etc. We ask for your cooperation in refraining from doing so.

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This is a notice from the Tokyo Lawyers.

I would like to report that the 6th oral argument date for the 2nd Tokyo lawsuit (filed on March 26, 2021) has been held.

Date and time: October 13, 2022 from 10:30 to 11:20

Venue: Tokyo District Court No. 103 Courtroom

Judges: Presiding Judge Tomoyuki Tobizawa, Judge Kenji Kaneda, Judge Yutaro Mitsuka

(Section 1A, 44th Department of Civil Affairs)

Attendance: 5 plaintiffs, 14 attorneys for the plaintiff, 3 attorneys for the defendant

[Details of the 6th Oral Argument Date]

1 Plaintiff's statement of opinion

On this date, the plaintiff, Mr. Kawachi, made a statement of opinion . Ever since she was young, she has been at the mercy of a society that assumes heterosexuality; she met her partner, Hatogai, and instead of registering her marriage, she had no choice but to write her own will; her coming out to her parents; her partner, Hatogai. He talked about his daily life, the discrimination he faced in the workplace and society, and his feelings about going to court.

Finally, Mr. Kawachi said, ``The judges sitting here do not put off making decisions and protect the human rights before them, rather than relying on the yardstick of 'societal conventions.' Thank you very much. ”, with a sincere wish, he concluded his statement of opinion.

2 Statement of opinion by agent

On this date, the representatives also expressed their opinions. I appealed to the courts and the government from various perspectives, including the purpose of the marriage system , Article 24, Paragraph 1 of the Constitution, Article 14, Paragraph 1 of the Constitution , trends in the international community, and opinions on the disadvantages caused by not having a marriage system .

The summary of plaintiff Kawachi's opinion statement and the summary of the attorney's opinion statement are both uploaded to CALL4 . Please take a look.

3 Written statements and submission of evidence

Between the previous date and the current date, the plaintiffs submitted the 7th to 11th briefs, the summary of the plaintiff's opinion statement, and the summary of the opinion statement of the attorneys, and made statements on the date. The Defendant submitted the Defendant No. 4 Brief and made a statement on this date.

In addition, between the previous date and the current date, the plaintiffs submitted Evidence Statements 7-11 and A248-296 No. 2 Evidence, but the adoption was suspended.

4 Overview of exchanges on this date

(1) Request for clarification (1)

The plaintiffs and their attorney Nakagawa stated, "On page 3 of the Defendant's Fourth Brief, the government states that not only 'marriage' in Article 24, Paragraph 1 of the Constitution, but also 'marriage' in Article 24, Paragraph 2 of the Constitution is a human bonding relationship between the opposite sex. Although it is asserted as if it is based on the premise that it is intended for only On page 4 of the same document, the defendant states that Article 24, Paragraph 2 of the Constitution is "both formally and contently premised on Article 24, Paragraph 1." The meaning of the part itself is unknown. This is because, as far as the text is concerned, Article 24, paragraph 1 (first part) stipulates the requirements for the formation of marriage, while paragraph 2 broadly covers “matters related to marriage and family” in general, and states that “individual dignity and the essential nature of both sexes”. Paragraph 2 itself presupposes the understanding of Paragraph 1, such as "The Constitution presupposes that marriage is an institution between the opposite sex." , you can't say. Ultimately, Article 24, Paragraph 2 of the Constitution cannot serve as a basis for the defendant's allegation that ``the Constitution presupposes that marriage is an institution of the opposite sex.'' I would like you to explain this point clearly."

According to Nakagawa's clarification, the defendant's allegations regarding Article 24, Paragraph 2 have no grounds, and the Osaka District Court's decision examined whether or not there was a violation of Article 24, Paragraph 2, separately from whether or not Article 24, Paragraph 1. It was also pointed out that it is clear from the fact that

In response to this, the defendant's attorney replied that he would reply at the time of the next proceedings consultation.

(2) Clarification ②

Next, from the plaintiffs and representative Hojo, the defendant/country is the description on page 5 of the defendant's fourth briefing document and page 33 of the defendant's second briefing document as "a family that is a natural and basic group unit" Based on the defendant's arguments so far, it can be read that the defendant is claiming that legal same-sex couples are not "natural" but unnatural. We do not intend to withdraw the description of "natural" in the description of "the family, which is the natural and fundamental group unit," as this would be directly contrary to the policy of the defendant state to work on dissolution. I asked

In response to this question, the defendant's attorney replied that he would accept the indication and would withdraw it at the next meeting date.

(3) Request from plaintiff's agent

In addition, the plaintiffs' representative Mizutani said, ``The government uses the words 'heterosexual' and 'homosexual' in its brief, but this does not accurately reflect the actual situation. The government should be aware that it is wrong, that such statements damage the identities of the plaintiffs and many other sexual minorities, and that there are many people who are hurt by government documents. I pointed out that the defendant should use an accurate expression.

5 Future plans

The court has designated the following two dates as a schedule for the proceedings of the proceedings.

( 1 ) October 25, 2022, 11:00 a.m. Proceedings of the meeting (procedures not open to the public, no attendance allowed)

(2) January 26, 2023, 2:00 p.m.- 7th oral argument date (procedures open to the public/audience allowed)

(October 25, 2022 postscript: The date and time have been confirmed. It is scheduled to be held in courtroom 103 of the Tokyo District Court.)

(3) January 31, 2023, 3:00 p.m. Proceedings of the meeting ( procedures not open to the public, no attendance allowed )

[Online debriefing session]

On the same day, we held a debriefing session and streamed it live on YouTube at the same time (archive available ).

[Tokyo, second lawsuit]   6th Oral Argument Debriefing Session   Live broadcast from the venue!

Date: October 13, 2022 12:00-12:55

Speakers:

Plaintiffs: Mr. Kawachi, Mr. Hatogai

Plaintiff's attorneys: Attorney Sawazaki, Attorney Fujii, Attorney Hojo, Attorney Yuhara (moderator)

"Freedom of Marriage for All" This is a notice regarding the 2nd lawsuit in Tokyo and the 6th date.

The 6th trial will be held on Thursday, October 13, 2022.

It's been a while since the last 5th event held in June, but this time we're back with a lot of content!

First, the plaintiff, Mr. Kawachi, is scheduled to make a statement.

In addition, representatives will state their opinions on each point of contention, such as the purpose of marriage, Article 24, Paragraph 1 of the Constitution, Article 14, Paragraph 1 of the Constitution, international trends, and the disadvantages of not being able to marry.

In addition, from 12:00 noon on the day of the event, we will hold a date report meeting both at the venue and online.

Your support in various ways, such as attending court hearings, participating in online debriefing sessions, and posting on SNS, will be our strength. Thank you for your continued support.

[ Date of the 6th Oral Argument]

Date: Thursday, October 13, 2022　10:30 am _ _

Venue: Tokyo District Court No. 103 Courtroom

Case number: Tokyo District Court 2020 (Wa) No. 7645

* Mr. Kawachi, the plaintiff, and his attorney will state their opinions on this date.

　Attendance ticket distribution: Yes

　* On the morning of the event, lottery tickets for the hearing will be distributed at Tokyo District Court No. 2 Issuing Office. A lottery will be held for those who arrive by 10:10 am. Please check the court website for details.

[Debriefing session]

From 12:00 noon on the day of the event, we will hold a date report meeting both at the venue and online! Please join us!

Date: October 13, 2022 (Thursday) 12:00-13:00

Venue: Smart Rental Space Hanzomon

2-7-3 Kojimachi, Chiyoda-ku, Tokyo

Nearest station: 45 seconds walk from Exit 1 of Hanzomon Station

Online: Simultaneous distribution on Marifor Channel

■ "Freedom to Marry for All" The latest information on the Tokyo Lawsuit is posted on the Tokyo Lawyers' twitter as needed!

⇒ http://twitter.com/KejisubeTokyo

■Court materials, opinion statements, etc. are available here.

⇒ CALL4 case site

<For those who wish to attend the trial>

・Please wear a non-woven mask on the day.

・Please refrain from coming to the office if you have a fever of 37 degrees or higher or if you are not feeling well.

・For those who unfortunately were unable to attend the meeting, please watch the Youtube video of the debriefing session.

We apologize for any inconvenience, but we ask for your understanding and cooperation in order to prevent the spread of the new coronavirus infection.

This is a notice from the Aichi Lawyers.

“Freedom of Marriage for All” Report on the 13th Aichi Lawsuit

Date: October 4, 2022 11:00

Venue: Nagoya District Court Court No. 1

Judges: Presiding Judge Osamu Nishimura Judge Kohei Fujine Judge Masanari Yanagawa

Contents:

1. Confirmation of submitted documents and evidence

The plaintiff submitted the 12th brief concerning the interpretation of Article 24 of the Constitution, and the 13th brief as a counterargument to the defendant's fifth brief, and Akiko Yazaki and Tetsushi Horie of the defense team made statements of opinions. rice field.

First, Article 12 argues that the interpretation of Article 24 of the Constitution should be interpreted in light of the dignity of the individual based on the current social situation and current awareness of human rights. He also argues that the sense of security and identity built by living together with a trusted partner is strengthened by legal protection, and that the marriage system is what makes this possible.

Next, in the 13th brief, in response to the defendant's claim that the marriage system protects reproduction between men and women, the existence of same-sex couples was not even discussed at the time the current marriage system was established. , I did not dare to exclude it, but made a counterargument that the premise that was out of the discussion was wrong, and the interpretation based on that premise was also wrong. In addition, it argued that the defendant country has an obligation to rectify the current marriage system through legislation.

In addition, in response to the defendant's claim that same-sex marriage is not guaranteed as a constitutional right and therefore does not constitute discrimination, even if freedom of marriage is not guaranteed under the constitution, it should be treated differently from heterosexual couples. He argues that whether it is justified is another matter.

2. Check progress

In preparation for the next interrogation date, we discussed who to interrogate, what time to interrogate, and what order to interrogate.

As for who to interrogate, the plaintiffs' related parties were also offered as witnesses, and three people, including the two plaintiffs and their related parties, were allowed to be questioned.

During the interrogation, we have requested the court to take shielding measures (measures to prevent the witnesses from being seen from the spectator seats), so we will discuss specific methods at the proceedings meeting on November 8. (It is a closed date that cannot be observed).

The next hearing date is December 2nd. The plaintiff plans to submit a written statement and a brief regarding the plaintiff's individual circumstances by the next hearing date.

The documents submitted this time are open to the public at Call4's Litigation for Freedom of Marriage for All (Same-Sex Marriage Litigation) .

3. Scheduling the next court date

next due date

November 8, 2022 (Tuesday) 10:00 (progress date) *Not disclosed

Friday, December 2, 2022 , 13:10 (14th Oral Argument)

Nagoya District Court Court No. 1

Court No. 1 is the largest court in Nagoya. This time, there were plenty of seats available for the hearing, so we are waiting for more people to go out to the hearing so that we can fill up the seats on the next interrogation date!

Debriefing session

From 7:00 pm on the same day as the date of the hearing, a web-based reporting session was held moderated by Attorney Yazaki, a member of the defense team.

First, in Part 1, Yoko Mizutani, an Attorney-at-Law of the Aichi Litigation Team, reported on the contents of the brief and the exchanges on the date. We invited Mr. Takashi Kazama (NPO corporation PROUD LIFE) as a guest for this date report, and we had a question and answer session and exchanged opinions about the content of this date and the progress of the trial going forward.

Next, in Part 2, we invited Kana Mitarashi, a clinical psychologist, Wataru Ishizaka, a member of the Nakano Ward Assembly in Tokyo, and Sotsugu Matsuoka, representative director of the general incorporated association fair, as guests, and lawyer Mizutani and four people. We have set up a place for a talk session. In light of the fact that Nagoya City plans to introduce a familyship system in November, it is important to discuss the advantages and disadvantages of the partnership and familyship systems, as well as what can be done to legalize same-sex marriage. We had a practical discussion.

We received a lot of questions and messages of support from the viewers for the next interrogation date. Thank you very much.

The briefing session is an archived video on Youtube, so please take a look ( https://www.youtube.com/watch?v=dvkG2LqsSKI ).

We will hold the date report meeting from the next time, so please join us even if you were not able to participate this time. Although it depends on the infection status of the new coronavirus, we are considering holding it locally next time.

I want to support the Aichi lawsuit more! For those who say

Thank you for always supporting the Aichi lawsuit.

Your support encourages the plaintiffs and the legal team, such as attending court hearings and hearings, donating to Call4, and sending information about the lawsuit on SNS.

Thank you for your continued support.

This is a notice from the Aichi Lawyers.

October 4, 2022 is the date for the 13th oral argument in the Aichi lawsuit.

This is an important date for making various adjustments in preparation for the interrogation in December, so please continue to support us.

If it is convenient for you, please come to the court and participate in the hearing.

[Date of the 13th Oral Argument]

Date and time: Tuesday, October 4, 2022, 11:00-30 minutes

Venue Nagoya District Court Court No. 1

[Debriefing session]

Date and time: Tuesday, October 4, 2022, 19:00-20:30

Contents Part 1 Report on the date of the trial

Part 2 Talk session "How do you respond to the question 'Isn't it good because there is a partnership system?'"

Speakers (honorific titles omitted) Moderator: Akiko Yazaki

Guest Part 1 Takashi Kazama

Part 2 Wataru Ishizaka, Kana Mitarashi, Yoko Mizutani, Soshi Matsuoka

Implementation method Youtube distribution

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