A Japanese-French same-sex couple married in France is asking a Japanese family court to recognize their marriage, the first case of its kind, saying Japan’s ban is preventing them from starting a family in France.
Petitioners Rei Watanabe Prosper, a Japanese national in her 30s, and Coralie Prosper, a French national also in her 30s, got married in France in 2018, where same-sex marriage was legalized in 2013. The couple currently resides in France.
They said Japan’s refusal to acknowledge their marriage has prevented them from living together in Rei’s home country, as well as causing problems in building a family in France.
“At the moment, in one of our countries, we are legally a family, while in the other, we are treated as strangers. We do not think it is acceptable to remain in such a contradictory state,” Rei told a news conference in Tokyo on Tuesday.
According to Rei, under French law, for international couples, if same-sex marriage is not recognized in the country of one half of the couple, then that couple cannot adopt a child in France.
“For any children we may have in the future, we want to be able to say with pride: ‘France and Japan — both of these are your countries. And in both countries, we are your family,’” Rei said, her eyes welling up with tears.
The petition was submitted in 2023 after the city of Amagasaki refused to accept their marriage registration documents. The case is currently under review by the Amagasaki branch of the Kobe Family Court, and a final decision is expected to be handed down sometime next year.
If the court agrees, the couple could be granted spousal status under the country’s existing marriage laws without legislative revisions.
Japan has yet to enact nationwide legislation allowing same-sex marriage, relying instead on partnership systems offered by some local governments. Multiple district and high courts have ruled since 2021 that excluding same-sex couples from marriage violates the Constitution, particularly Article 14’s guarantee of equality under the law.
However, the Tokyo High Court ruled on Nov. 28 that the ban on same-sex marriage is constitutional, which was a huge blow to the LGBTQ+ community in Japan and its allies.
One of the couple’s attorneys, Takeru Ito, stated that a successful ruling would distinguish this case from a series of lawsuits seeking the constitutionality of Japan’s ban on same-sex marriages. These lawsuits focus on legislative inaction — specifically, whether the government’s failure to establish a legal framework for same-sex marriage violates the Constitution.
“Even if the plaintiffs ultimately prevail, such rulings would not automatically bring same-sex marriage into effect, and same-sex couples could still face years of delay before the government amends the law,” said the team’s lead lawyer, Miyako Miyai.
Recognizing this limitation, the couple’s legal team decided to pursue a different route: filing a petition with the family court that directly seeks an order requiring the city of Amagasaki to accept the couple’s marriage registration.
“For myself, for my wife, for the children we hope to have, and for all LGBTQ people in Japan, I sincerely hope that our marriage will be recognized in both countries, so that love may be celebrated and protected,” Rei said.
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