Japanese Court Strikes Down Nation's Gay Marriage Ban

Christian missionaries fanned out across the globe from Europe taking with them diseases and an abhorrence of homosexuality based on Bronze Age era Old Testament writings.  Japan, like most of the world outside of Europe - think the Americas, India, and the Far East and Africa - accepted homosexuality.  In fact, within the ranks of the samurai - much like Classical Greece - same sex relationships were widespread and samurai culture revolved around haji ( shame), meiyo (honor), iji (pride), and other core values.  A key distinguishing factor in samurai culture was nanshoku, homosexuality among adults.   The samurai turned the idea of nanshoku into wakashudo: prepubescent boys who became apprenticed to an older man. The boys would then learn martial arts and life skills, turning this concept into a form of “brotherhood contract” that was expected to be exclusive, with both partners swearing to take no other (male) lovers.  

Indeed, a shudō relationship was considered to have a "mutually ennobling effect." In addition, both parties were expected to be loyal unto death, and to assist the other both in feudal duties and in honor-driven obligations such as duels and vendettas. Although sex between the couple was expected to end when the boy came of age, the relationship would, ideally, develop into a lifelong bond of friendship. At the same time, sexual activity with women was not barred (for either party), and once the boy came of age, both were free to seek other wakashū lovers. All of this came to an end with the arrival of Christian missionaries and over time in Japan same sex relationships became labeled as "unnatural."  Now, a new court ruling in Japan has thrown away the vestiges of the closed mindedness and bigotry brought by the Missionaries.  A column in the Washington Post looks at this important ruling.  Here are column highlights:

In 2019, the first lawsuits in Japan were filed in five district courts directly challenging the constitutional violation of not recognizing same-sex marriages. On Wednesday, the Sapporo District Court ruled that the current law, which does not recognize same-sex marriage, is unconstitutional because it violates the principle of equality stipulated in Article 14 of the Japanese constitution.

This is the first ruling on same-sex marriage in Japan — and it is groundbreaking.

The decision is the culmination of years of work by many individuals. Our organization, Marriage for All Japan, was founded in January 2019 to achieve marriage equality.

In the past two years, about 70,000 people have signed our campaign calling for the legalization of same-sex marriage, 147 companies have expressed their support for marriage equality and 80 organizations throughout Japan have endorsed our activities. More members of the Diet have also supported our efforts.

We believe all of this work has been directly or indirectly reflected in the Sapporo ruling. We have received messages from quite a few people saying, “This ruling has given me the courage to live.” Following the ruling, the national newspapers have all covered same-sex marriage, and momentum is building.

There are three reasons the Sapporo ruling is particularly noteworthy.

The first is that it set very strict standards of review. The Sapporo ruling states that “sexual orientation is a personal characteristic that cannot be changed by the will of the individual, and in that sense it is similar to race or gender. Therefore, whether or not a distinction based on such a matter has a rational basis must be carefully examined to determine whether or not it is truly an unavoidable distinction.”

Second, the decision was made by going back to the purpose and essence of marriage. The government argued that “marriage is for heterosexual couples because the purpose of marriage is to bear and raise children.” The Sapporo ruling, on the other hand, states that “the protection of a couple’s common life itself, with or without children, is also an important purpose of marriage” — an important clarification.

Third, the Sapporo ruling affirmed that the majority’s understanding or acceptance was not a requirement. At the same time, the court made clear that the transformation of the traditional view of the family cannot be a reason for not recognizing same-sex marriages.

There is no doubt that the recognition of same-sex marriages will be a big step toward the fundamental elimination of discrimination and prejudice against the LGBTQ community. This discrimination is the responsibility of the majority who lets it happen — and it is the majority that needs to change.

It is encouraging to see so many decades of bigotry, ignorance and hatred finally overturned. Japan is returning to its history.