VOA新闻杂志2022--日本法院裁定同性婚姻禁令符合宪法

Japan Court Rules Same-Sex Marriage Ban Is Constitutional

A Japanese court has ruled that the country's ban on same-sex marriage does not violate the constitution.

The decision this week by a district court in Osaka disagreed with a ruling last year by a Sapporo court that found the ban on same-sex marriage unconstitutional.

Activists² had hoped the Osaka court would agree with the Sapporo court's decision. That could have raised pressure on Japan's central government to consider the issue further.

Japan is the only Group of Seven nation that does not permit people of the same gender³ to marry.

Three same-sex couples brought the case in Osaka. In addition to rejecting their claim that the ban on same-sex marriage was unconstitutional, the court denied their demand for about $7,400 in damages for each couple.

"I actually wonder if the legal system in this country is really working," said one of the plaintiffs, Machi Sakata. She married her American partner in the United States. The two are expecting a baby in August.

"I think there's the possibility this ruling may really corner us," Sakata added.

Japan's constitution defines marriage as being based on "the mutual⁴ consent of both sexes."

But gay rights activists were hopeful in the Osaka case. Tokyo introduced partnerships⁶ for gay couples last week, and public support for same-sex marriage is rising in Japan.

The Osaka court ruled that marriage was defined as being only between opposite genders⁷. The court also said there has not been enough debate on same-sex marriage in Japanese society.

The lawyer representing the plaintiffs, Akiyoshi Miwa, told Reuters his legal argument centered on the idea that "we wanted same-sex couples to have access to the same things as regular couples." He said an appeal of the ruling was planned.

Taiwan is the only Asian country that has legalized same-sex marriage.

Under current rules in Japan, members of same-sex couples are not permitted to legally marry. They also cannot inherit each other's belongings⁸ or property, like a house they may have shared. They also have no parental⁹ rights over each other's children.

Partnership⁵ registrations¹⁰ issued by local governments help same-sex couples rent property together and have hospital visitation rights. But they do not give them the full legal rights enjoyed by heterosexual couples.

Last week, the Tokyo government passed a bill to recognize same-sex partnership agreements. That means local governments covering more than half of Japan's population now offer such recognition.

Prime Minister Fumio Kishida has said the issue needs to be carefully considered in Japan. But his ruling Liberal Democratic Party has signaled that it has no plans to closely examine the matter or propose legislation. Some senior party members, however, have expressed support for reforms on the issue.

A public opinion study by Tokyo's local government late last year found that about 70 percent of people were in favor of same-sex marriage.

Activists say legalizing same-sex marriage would have far-reaching effects, both socially and economically. They say it could help bring foreign companies to the world's third-largest economy.

Masa Yanagisawa is with investment banking¹¹ company Goldman Sachs. He is also a board member of the activist¹ group Marriage for all Japan. Yanagisawa told Reuters that some international companies consider a nation's position on same-sex marriage when deciding on future business plans in Asia.

"International businesses don't want to invest in a (place) that isn't LGBTQ-friendly," he said.

Words in This Story

gender — n. a person's own sense of being male, female, some combination of male and female, or neither male nor female

plaintiff — n. a person who sues another person or accuses another person of a crime in a court of law

corner — v. to force into a place or position from which escape is very difficult or impossible

consent — n. permission for something to happen or be done

gay — adj. sexually or romantically attracted to someone who is the same sex

access — n. permission or the right to enter, get near, or make use of something or to have contact with someone

inherit — v. to receive from someone when that person dies

heterosexual — adj. sexually attracted to people of the opposite sex

LGBTQ — adj. lesbian, gay, bisexual, transgender, and queer/questioning (one's sexual or gender identity)

1 activist   

n.活动分子，积极分子

参考例句：

• He's been a trade union activist for many years.多年来他一直是工会的积极分子。
• He is a social activist in our factory.他是我厂的社会活动积极分子。

2 activists   

n.（政治活动的）积极分子，活动家( activist的名词复数 )

参考例句：

• His research work was attacked by animal rights activists . 他的研究受到了动物权益维护者的抨击。
• Party activists with lower middle class pedigrees are numerous. 党的激进分子中有很多出身于中产阶级下层。 来自《简明英汉词典》

3 gender   

n.（生理上的）性，（名词、代词等的）性

参考例句：

• French differs from English in having gender for all nouns.法语不同于英语，所有的名词都有性。
• Women are sometimes denied opportunities solely because of their gender.妇女有时仅仅因为性别而无法获得种种机会。

4 mutual   

adj.相互的，彼此的；共同的，共有的

参考例句：

• We must pull together for mutual interest.我们必须为相互的利益而通力合作。
• Mutual interests tied us together.相互的利害关系把我们联系在一起。

5 partnership   

n.合作关系，伙伴关系

参考例句：

• The company has gone into partnership with Swiss Bank Corporation.这家公司已经和瑞士银行公司建立合作关系。
• Martin has taken him into general partnership in his company.马丁已让他成为公司的普通合伙人。

6 partnerships   

n.伙伴关系( partnership的名词复数 )；合伙人身份；合作关系

参考例句：

• Partnerships suffer another major disadvantage: decision-making is shared. 合伙企业的另一主要缺点是决定要由大家来作。 来自英汉非文学 - 政府文件
• It involved selling off limited partnerships. 它涉及到售出有限的合伙权。 来自辞典例句

7 genders   

n.性某些语言的（阳性、阴性和中性，不同的性有不同的词尾等）( gender的名词复数 )；性别；某些语言的（名词、代词和形容词）性的区分

参考例句：

• There are three genders in German: masculine, feminine and neuter. 德语中有叁性：阳性、阴性和中性。 来自辞典例句
• Japan was fourth among the genders of foreign students. 日本在二十个留美学生输送地中列第四位。 来自互联网

8 belongings   

n.私人物品，私人财物

参考例句：

• I put a few personal belongings in a bag.我把几件私人物品装进包中。
• Your personal belongings are not dutiable.个人物品不用纳税。

9 parental   

adj.父母的；父的；母的

参考例句：

• He encourages parental involvement in the running of school.他鼓励学生家长参与学校的管理。
• Children always revolt against parental disciplines.孩子们总是反抗父母的管束。

10 registrations   

n.登记( registration的名词复数 )；登记项目；登记（或注册、挂号）人数；（管风琴）音栓配合（法）

参考例句：

• In addition to the check-in procedures, the room clerks are customarily responsible for recording advance registrations. 除了办理住宿手续外，客房登记员按惯例还负责预约登记。 来自辞典例句
• Be the Elekta expert for products registrations in China. 成为在中国注册产品的医科达公司专家。 来自互联网

11 banking   

n.银行业，银行学，金融业

参考例句：

• John is launching his son on a career in banking.约翰打算让儿子在银行界谋一个新职位。
• He possesses an extensive knowledge of banking.他具有广博的银行业务知识。