AMAGASAKI, Hyogo Prefecture--A Japanese and French couple who married in France has petitioned a family court here to order the Amagasaki city government to accept their marriage registration. 

They are both listed as women on official documents.

Rei Watanabe Prosper, a Japanese national working as a screen and stage actor in France, and Coralie Watanabe Prosper, a French screenwriter, director and filmmaker, both in their 30s, got married in 2018 under France’s “marriage for all” law, which recognizes same-sex marriages.

The couple worry that their daily lives in Japan, where same-sex marriages are not recognized, will completely differ from their lives in France.

The couple submitted their French marriage certificate and marriage registration to the Amagasaki city government this year in accordance with Japan’s Family Registration Law.

The law stipulates that Japanese citizens who married abroad must submit their marriage certificate to the mayor of their registered domicile’s municipality.

However, the city government refused to accept the documents, citing a 2014 Justice Ministry opinion that stated “the Civil Law naturally assumes marriage to be between a man and a woman, and therefore acceptance is inappropriate.”

In response, the couple filed a petition with Kobe Family Court’s Amagasaki branch, arguing that their treatment has been unreasonable and discriminatory and demanding that the city government promptly accept their marriage certificate.

In various lawsuits across the country, plaintiffs have argued that the Civil Law and Family Registration Law, which do not recognize same-sex marriage, violate the Constitution.

The courts have been widely divided in their judgments of these cases, with some labeling these laws as “unconstitutional” or “in a state of unconstitutionality,” while other courts have deemed them “constitutional” after all.

However, Rei and Coralie’s case features the argument that their marriage should be recognized under the current Family Registration Law system.

The couple is also considering having children in the future. But if they return to Japan and if Rei gives birth to their child, the parent-child relationship between Coralie and the child would not be recognized.

“Having our marriage recognized is not our only goal,” Rei said. “We want to create an environment so that when our children return to Japan, they can live with peace of mind knowing that this is their country.”

LEGALLY PROTECTED IN FRANCE

At their wedding in France, the couple were congratulated by Coralie’s relatives and mutual friends.

“I was happy to be recognized as a family member by France and by the family of the person I love,” Rei said.

She received a family record book and permission to reside in France as the spouse of a French citizen.

If Rei, who is not fluent in French, needs to go to a hospital, Coralie can accompany her simply by saying, “This is my spouse.”

Rei said, “I always feel legally protected.”

On the other hand, in Japan, where same-sex marriages are not recognized, Rei is legally single and Coralie is legally a stranger. If something were to happen to Coralie, who can’t speak fluent Japanese, Rei wonders if she would be able to accompany Coralie at the hospital.

When Rei returns to visit Japan with her partner, Rei said, “I always feel anxiety during what should be an enjoyable time.”

Last summer, when the couple returned to Japan, Rei introduced Coralie to her acquaintances. But when she told them, “We got married in France,” many of them thought she was joking. This reaction was something she had never experienced in France.

“Even though knowledge about sexual minorities in Japan has increased due to news and other media, same-sex marriage is still not normalized or commonly understood by people because it isn’t recognized by law,” Rei said.

JAPAN LAGS BEHIND OTHER G-7 NATIONS

According to Marriage for All Japan, a Tokyo-based public interest incorporated association, as of September, 35 countries and regions around the world have recognized same-sex marriages, following the Netherland’s lead in 2001.

Among the Group of Seven industrialized nations, Japan is the only one that does not have a system that guarantees same-sex marriages and similar legal rights at the national level.

Coralie said, “France is not perfect either. But the marriage equality system is definitely changing people’s mindset and lives.”

Yasuhiko Watanabe, a professor of family law at Kyoto Sangyo University’s Faculty of Law, said, “In Japan, the treatment of citizens and their partners who have entered into a same-sex marriage abroad has been virtually neglected.”

He said that in countries that have recognized same-sex marriages, the discussion has shifted to the children of same-sex couples.

“Japan is significantly behind on this issue,” Watanabe said.