Several recent judgments reflect progress in the recognition of sexual minorities, while the government has insisted on the constitution, which stipulates that marriage is “based on the mutual consent of both sexes.”
Letter from Tokyo
In Japan, judges seem to be more timely than legislators and turn a deaf ear to the demands to protect same-sex couples and prevent victims of discrimination.
The three judgments show that case law has developed on the marriage issue that recognizes sexual minorities and all people in the last G7 countries do not recognize same-sex marriage.
In February, a judge of the Tokyo District Court ruled that the sexual relationship between the two women (one of whom is married) could be prosecuted for adultery, and sentenced the wife’s lover to pay the equivalent of 1,000 euros to the husband who had filed the lawsuit gold. Complaint against his wife’s partner. The Japanese Civil Code allows a defrauded husband or wife to seek financial compensation for the harm suffered in court. In this case, the judge ruled that adultery is not limited to extramarital affairs between opposite sexes.
In March, the Tokyo Court of Appeal upheld the judgment of the trial judge who ruled in favor of the plaintiff in a relationship case between two women, who is suing his partner. “adultery”. The recognition of justice in the relationship between women marks an evolution.