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▼ Tokyo High Court Rejects Same-Sex Couple’s Residence Status Lawsuit
- Category:Other
The Tokyo High Court upheld a lower court ruling Thursday to not grant a stable residential status to an American with a Japanese same-sex partner, but said it was problematic to not grant same-sex partners the same status as married couples.
The civil case centers on whether a foreign national in a same-sex partnership with a Japanese citizen should be granted “long-term resident status,” which allows residency for up to five years in Japan. It is granted to same-sex couples who are both foreign nationals.
While the high court ruling said that not having a legal framework that grants the same residential status as married couples to same-sex partners could “be a problem” under Article 14 which guarantees equality under law, that in itself could not be considered discriminatory based on sexual preference and therefore cannot be deemed unconstitutional.
The civil case centers on whether a foreign national in a same-sex partnership with a Japanese citizen should be granted “long-term resident status,” which allows residency for up to five years in Japan. It is granted to same-sex couples who are both foreign nationals.
While the high court ruling said that not having a legal framework that grants the same residential status as married couples to same-sex partners could “be a problem” under Article 14 which guarantees equality under law, that in itself could not be considered discriminatory based on sexual preference and therefore cannot be deemed unconstitutional.
- November 2, 2023
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