Japan gay couples sue government over right to get married

Thirteen same-sex couples across Japan are taking legal action on Thursday against the government, demanding the right to get married.

They are suing for symbolic damages, arguing that being barred from marriage violates their constitutional rights.

Should the courts agree, it would mean same-sex unions will have to be permitted in the future.

Chizuka Oe and Yoko Ogawa have been together for 25 years, but when they submitted their marriage registration at a Tokyo town hall they knew it would be rejected.

“We were told that they cannot accept our registration because we are both women,” said Ogawa, standing in the winter sun outside the building in Nakano in western Tokyo. “There were several heterosexual couples next to us who submitted marriage registrations without any problem.”

Japan is the only G7 country that does not allow gay marriage, but surveys suggest strong support for the case.

The 13 couples will all file their case on Valentine's Day, in different Japanese cities.

The five lesbian and eight gay couples involved will file lawsuits across the country seeking damages of 1m yen (£7,000/US$9,000) a person for being denied the same legal rights as heterosexual couples.

Though Japan is a very traditional country, polls indicate that the vast majority of younger Japanese support same-sex marriage.

Since 2015, some cities have issued certificates for same-sex couples, but they are not legally binding and merely call on businesses to accord equal treatment.

Japan's constitution says that "marriage shall be only with the mutual consent of both sexes" and authorities have always read this as not permitting same-sex marriage.

But lawyers for the 13 couples argue that the text of the constitution was meant to prevent forced marriages, and there's nothing in it that explicitly prohibits gay marriage.

Thursday's lawsuit will likely be only the first step in a long process, but activists have made clear they are prepared to fight long-term for same-sex couples to get married in Japan.