Tokyo Court Strikes Down 'unfair' Residency Rules For Same - Sex Couples
A Tokyo court has ruled that it is unfair and unconstitutional for the government to deny residency status to a non-Japanese spouse in a same-sex marriage.
Friday's ruling came in a damages suit filed by an American man who was denied long-term residency to live in Japan with his Japanese partner.
The couple married in 2015 in a US state where same-sex marriage is lawful. They later moved to Japan.
The Tokyo District Court ruled that the man should have been granted residency with a "specified activities" visa.
The presiding judge said such visas are issued to same-sex couples consisting of two foreign nationals who legally marry in their home countries.
The judge said not applying the same rule to a couple in which one of the spouses is Japanese denigrates the non-Japanese partner.
He ruled that the government's handling of residency rules violated the Constitutional principle of equality under the law.
The court, however, rejected the plaintiffs' claim for long-term residency status, saying he does not meet the necessary conditions.
The judge explained that the man lacks the official status of a spouse in Japan, where gay marriage is not legally recognized.