In a court ruling in which an American man who married a Japanese man overseas filed a lawsuit claiming that it was unreasonable not to be granted a long-term status of residence in Japan, the Tokyo District Court ruled, "Same-sex couples between foreigners." If so, the status of residence is given as 'designated activities', but not being recognized as a couple of a foreigner and a Japanese is against the purpose of the constitution, which stipulates equality under the law." I pointed out that I should have recognized the status of residence of ".
On the other hand, regarding the qualification of "long-term resident" that the man was seeking, we judged that it did not meet the conditions and dismissed the appeal.
An American man married a Japanese man seven years ago in an American state where same-sex marriage is allowed.
After that, I decided to live in Japan and applied for the status of residence as a "long-term resident" because I had a Japanese partner, but it was not approved, so I asked the government for permission and compensation. .
At the trial on the 30th, presiding judge Yoshitaka Ichihara of the Tokyo District Court said that the status of residence of "designated activities," which is given to foreign couples who are married to same-sex couples in their home country, is not valid for Japanese and foreign couples. Regarding the fact that it is not allowed, he said, ``It treats foreigners who are partners with Japanese people inferiorly, and the operation of the country is contrary to the purpose of the constitution, which stipulates equality under the law.'' should have been admitted.
On the other hand, regarding the qualification of "long-term resident" that the man was seeking, he said, "Currently, there is no provision in Japan that allows same-sex marriage, and it is difficult to think that there is a status similar to that of a spouse or special circumstances. It was decided that the conditions were not met, and the appeal was dismissed.
Plaintiff Lawyer ``A big step forward with a groundbreaking ruling''
At a press conference after the ruling, the plaintiff, Andrew High, an American citizen, said, ``We are not able to accept that it is easy for a man and woman couple to be recognized, and we are living a very unstable life.The ruling is the same. I think it paved the way for couples in similar situations."
In addition, her partner, a Japanese man, said, "We've been together for about 18 years, including before we got married, but we didn't have a stable visa, so we've been living an uneasy life because we don't know what will happen in the future. I feel relieved that I could see it a little."
Attorney Yasushi Nagano said, "This is a groundbreaking ruling that clearly recognizes that the government's refusal to grant the status of 'designated activities' was illegal, and it is a big step forward."
After that, he said, "Since the qualification has not been granted yet, I would like the country to grant the status of residence as soon as possible according to the judgment."
Immigration and Immigration Services Agency "I want to respond appropriately"
Regarding the ruling, the Immigration Services Agency commented, ``We would like to carefully examine the contents and respond appropriately.''