The Supreme Court decides to dismiss the appeal in a case in which a couple of common-law marriages is disputed for damages if they are catastrophic due to cheating, and the same-sex couple also has a sexual relationship with another person. It was decided that it was an illegal act to have a couple and ordered the payment of a consolation fee.
It will be the first time that a judicial decision has been finalized that recognizes common-law marriage as a subject of legal protection, as in the case of men and women.
A woman living in the Kanto region has lived with her partner for about seven years, went through marriage procedures in an American state where same-sex marriage is allowed, and even had a wedding, but her partner is another partner. As a result of having a sexual relationship with, I asked for a consolation fee because it was catastrophic.
The Utsunomiya District Court Moka Branch of the first trial ordered the former partner to pay a compensation fee, and the Tokyo High Court of the second trial also said, "The two were in a relationship similar to the marriage of a man and a woman. A couple of the same sex is also married. In the same way as the above, it is subject to legal protection and is obliged to be chaste, so it is an illegal act. "
A former partner appealed, but Koichi Kusano, the judge of the Supreme Court's Second Small Court, decided to dismiss by the 19th, and the ruling ordering payment of compensation was finalized.
It will be the first time that a judicial decision has been finalized that recognizes common-law marriage as a subject of legal protection, as in the case of men and women.
In a trial over sexual minorities such as homosexuals, the Sapporo District Court ruled on the 17th that it is a violation of the constitution that stipulates equality before the law that marriage between the same sex is not allowed, and it is legal. There are a series of decisions that recognize the right.
Attorney acting as an agent "Steps toward the realization of same-sex marriage"
Reiya Shiraki, a lawyer representing the woman who filed the trial, told NHK that "it is unconstitutional to disallow same-sex marriage in the Sapporo District Court. Although the content is different, I am glad that even couples of the same sex were recognized as common-law marriages and their legal rights were recognized. "
He also said, "If it is left as it is, it is up to the court to interpret and judge whether couples of the same sex are recognized as having a common-law marriage and whether they are granted the same rights as legal marriage. The parties will continue to be anxious. We need to allow same-sex marriage, and I hope this trial will be one step toward the realization of same-sex marriage. "