Opinion on People of the Same Sex Deserving Equal Application of Law as Persons Who Are in a de facto Marital Relationship
February 18, 2021
Japan Federation of Bar Associations
The Japan Federation of Bar Associations (“JFBA”) compiled an opinion paper, “Opinion on People of the Same Sex Deserving Equal Application of Law as Persons Who Are in a de facto State of Marriage” dated February 18, 2021, and submitted it on February 19 to the Prime Minister; the Minister of Justice; the Minister of Health, Labour, and Welfare; prefectural governors; mayors of the cities designated by Cabinet Order; the Commissioner General of the National Police Agency; the Speaker of the House of Representatives; and the President of the House of Councilors.
Summary of Opinion
In the “Opinion on Marriage between Parties of the Same Sex” dated July 18, 2019, the JFBA presented its opinion as follows: “the Government should recognize same-sex marriage and revise the legislation related thereto immediately.” Meanwhile, as a separate subject, the JFBA is also cognizant of the presence of an issue of whether persons in a same-sex partnership fall into the statutory category of a “person in a de facto marital relationship.“ Therefore, the JFBA expresses its opinion as follows:
When construing a “person in a de facto marital relationship” provided in statutes, the Government and the local governments should apply the law equally, without excluding persons of the same sex de jure, to ensure that these individuals will also be granted protection.