The Japan Federation of Bar Associations (JFBA) recently called on the Japanese government to legalise same-sex marriage, the latest example of how the country’s legal community in the fight for marriage equality. The letter challenged current interpretations of the Constitution of Japan as a breach of human rights, which are protected under the country’s guiding law. The JFBA is set to meet with lawmakers next about this.
Back in March this year, lawyers representing gay couples launched a legal challenge, arguing that Article 24 of the Constitution, which states “marriage shall be based only on the mutual consent of both sexes” and “shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis,” is not adequate cause to deny same sex couples the right to marry.
Japanese Big Four law firm Mori Hamada & Matsumoto backed the couples, who have also received support from a growing number of corporates and companies, including Goldman Sachs, Morgan Stanley and Barclays.
And they are not being driven by altruism alone. Employers across the region are increasingly aware of the benefits of marriage equality to workers. While Japan’s government has sought to encourage skilled immigration in recent years, a cultural gap and requirements for language skills are often cited as hurdles for the country in attracting highly skilled talent from overseas. From a business perspective, marriage equality helps to support staff retention and allows visas for hires who are in same-sex marriages to relocate to Japan.
Alexander Dmitrenko, a senior associate with Freshfields Bruckhaus Deringer in Tokyo, and a member of Lawyers for LGBT & Allies Network (LLAN), tells Asian Legal Business that marriage equality is one way that businesses can attract international talent to the market, but also importantly, “hold on to Japanese LGBT talent as well.”
Rika Beppu, a founding member of LLAN, says the JFBA’s recent actions are “extremely important and positive. I truly believe that it is a significant piece of work, and something that we are strongly applauding in Japan.”
Dmitrenko notes that support from major Japanese and international companies is helping to bring this issue to attention and creating traction around change.
“That support makes a big difference – it’s the difference between walking and being on a train. We’re moving in the right direction and we’re stopping along the way to pick up more people and adding more support,” he says.
