Recognize a condolence fee for same-sex couples First judgment by legal protection Utsunomiya District Court branch September 18 18:33
If a couple of the same sex breaks down, it is necessary to pay a consolation fee to the other party, and if the Utsunomiya District Court Moka Branch is found to be the same as a male-female relationship, even if it is a same-sex couple, He showed that he should be legally protected like a heterosexual couple. According to plaintiffs' lawyers, this is the first time such a judgment has been shown in Japan where homosexual marriage is not permitted.
The plaintiff ’s 30s lived together for 7 years and alleged that the partner woman who had been married in the United States where same-sex marriage was approved broke down because of a relationship with a third party. Accused of seeking.
In Japan, where the same-sex marriage is not permitted in the trial, it was a matter of law whether the same-sex couple would be subject to protection in the same way as a heterosexual couple.
In the judgment on the 18th, Judge Yosuke Nakahata, Utsunomiya District Court Moka Branch, said, “It is difficult to say that there is a necessity to limit marriage between men and women because of diverse values and lifestyles. There are countries that recognize homosexual marriages, and there are some local governments that have introduced a system to publicly recognize same-sex couples in the country. Is not interpreted as the purpose of denying same-sex marriage. "
In addition, he indicated that if a couple of the same gender is recognized as having the same relationship as a gender relationship, it should be legally protected in the same way as a heterosexual couple.
On the other hand, the amount of consolation was not recognized as the same level as the heterosexual couple, and he ordered to pay 1.1 million yen, which is less than the plaintiff's request.
Recently, there has been a movement to introduce a so-called partnership system that local governments recognize as a marriage-related relationship, but there is no legal effect.
According to the plaintiff's lawyer, the judgment on the 18th is likely to attract attention because it is the first time that even a same-sex couple has been shown to be protected in the same way as a heterosexual couple depending on the actual life.
Plaintiff's side "evaluates protection certification"
Attorney Reya Shiraki, a plaintiff attorney, held a press conference in Tokyo on the 18th, and said, “I am happy that the same-sex couple was judged to be protected as a relationship in line with the insider. I think that the same relationship between the inner rims was recognized, and the range of same-sex couples expanded. "
On the other hand, as for the amount of consolation that was said to be different from the relationship between men and women, “Since there is a part that I can not convince, I would like to consult with the plaintiff to decide whether to appeal.” It was.
Defendant “Severe Judgment”
Defendant Atsushi Wachi commented on the judgment, "I understand that the assertion is not accepted and that it is a harsh judgment. I would like to discuss and respond to the appeal with the defendants."
Current status of same-sex couples
Same-sex marriage is not allowed in Japan, but there is a growing movement to accept it overseas.
According to Professor Masayuki Tanamura of Waseda University, who is familiar with the family law and LGBT = sexual minority issues, the first marriage was recognized in the Netherlands in 2001, and since then it has increased mainly in Europe and South America. Has been recognized in Taiwan for the first time in Asia, and is now spreading to 27 countries and regions.
On the other hand, in Japan, more than 20 local governments have introduced a so-called partnership system that recognizes same-sex couples as a relationship equivalent to marriage.
However, this system aims to facilitate social life by publicly approving the relationship of same-sex couples, and since it has no legal effect, it exercises the right as a spouse like a couple of men and women I can not do it.
Under these circumstances, homosexual couples in Japan are not allowed to marry the Constitution, which stipulates equality under the law, etc. Wakes up in five places such as Tokyo.
Expert “Innovative Judgment”
Prof. Masayuki Tanamura of Waseda University, who is familiar with the family law and LGBT = sexual minority issues regarding the ruling, said, “If the same-sex relationship is destroyed without justification, you must be liable for damages just like a heterosexual couple. It ’s a very groundbreaking judicial decision. ”
“I think this decision will be a big step towards the discussion and legislation of same-sex marriage, and I think it will have a major impact on the trials that are currently being disputed over same-sex marriage.”
In addition, regarding the fact that “the marriage is based only on bilateral agreement”, Article 24 of the Constitution is not interpreted as the purpose of denying same-sex marriage. "We made a deep decision that protecting it would not violate the Constitution, rather than actively pursuing same-sex marriage."
On the other hand, “At this time, when the same-sex marriage is not allowed in this judgment, the legal protection of same-sex couples is judged to be different from the legal marriage and the actual marriage of men and women. “Since the suffering and sorrow caused by unfaithfulness are the same regardless of gender or gender, there are still some issues for equalization of legal rights.”