Photo/Illutration Koji Kohama submits a marriage registration form at the Taihaku Ward office in Sendai on Feb. 6. (Miya Yoshimura)

SENDAI--A same-sex couple here plans to ask a court to order city officials to accept their marriage registration form, calling for recognition of same-sex marriages.

“We want society to face the reality that (sexual) minorities are left out of the institution (of marriage) and change,” Koji Kohama told a news conference on Feb. 6 after submitting a marriage registration form to the Taihaku Ward office the same day.

Kohama, 61, co-head of the sexual diversity advocacy group Nijiiro Canvas, has been living with his 79-year-old partner for nearly 30 years.

The form is not expected to be accepted as same-sex marriage has not been legalized in Japan.

The couple will ask the Sendai Family Court as early as Feb. 14 to order the city government to accept the document, arguing it violates the Constitution to not recognize same-sex marriages.

Kohama said they decided to submit a marriage registration form out of concern that the lack of marital status could constrain what he can do for his aging partner in the event of an emergency.

For example, even if his partner is diagnosed with a serious disease, Kohama may not be able to hear more about his medical condition from his doctor or make decisions on his behalf because Kohama is not legally a family member.

He also said he is worried about matters related to the inheritance of the couple’s apartment unit.

During court proceedings, Kohama intends to argue that not recognizing same-sex marriages violates Article 13 of the Constitution, which stipulates the right to pursue happiness; Article 14, which guarantees “equality under the law”; and Article 24, which discusses the freedom and equality of marriage, among other provisions.

Five district courts have ruled in lawsuits same-sex couples filed against the government over the constitutionality of same-sex marriage.

The Sapporo District Court and the Nagoya District Court said not recognizing same-sex marriages is unconstitutional, while the Tokyo District Court and the Fukuoka District Court said it is in a “state of unconstitutionality,” stopping short of declaring it unconstitutional.

Only the Osaka District Court said the status quo is constitutional.

The five courts all rejected the plaintiffs’ claims for damages against the government.

(This article was written by Wataru Netsu and Miya Yoshimura.)

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