Fighting for Marriage Equality in Japan

Machi and Theresa are a lesbian couple living in Kyoto Prefecture. They were officially wed in Theresa's native US, but as their union isn't legally recognized in Japan, the two aren't family under the law. Thanks to donor insemination, Theresa became a mother, but Machi cannot officially be the child's parent. We follow the couple's efforts to overcome obstacles in their pursuit for marriage equality.

Theresa and Machi decided to have a child through donor insemination
This June, the couple and other plaintiffs heard the district court ruling on their 2019 lawsuit for marriage equality
Because their marriage isn't legal in Japan, Machi cannot be recognized as the child's parent

Transcript

00:10

June - pride month for sexual minorities worldwide.

00:16

In Japan, where same-sex marriage isn't legally recognized, this lesbian couple has been fighting for equality of rights.

00:27

However, the Osaka District Court ruled that not allowing same-sex couples to legally marry did not violate the constitution.

00:38

We all have the right
to live in equality...

00:43

yet in reality,
we aren't living equally.

00:49

The court's decision in spite of that
is inacceptable.

00:56

This summer, the two welcomed a new member to their family.

01:00

You did great.

01:06

We follow the couple in their continuous pursuit of equal rights.

01:21

Living together in a renovated traditional house in Kyoto are Theresa Sakata and her wife Machi.

01:41

The two of them first met in Japan more than a decade ago...

01:45

...and tied the knot in Theresa's native US where same-sex marriage was legalized in 2015.

01:54

However, they aren't legally recognized as family in Japan.

01:58

So, if one of them should ever be hospitalized, they worry the staff may not allow a non-family member to be by her side in an emergency, which is often the case in Japan.

02:10

Nevertheless, they decided to continue to live together in Japan and start a family.

02:17

Last year, Theresa underwent donor insemination.

02:22

Personally, I've wanted to have kids
for a long time.

02:30

She's just started to try, actually.

02:36

Hearing Theresa had become an expectant mother, we paid the couple a visit.

02:45

Seven months into her pregnancy, her belly had started to show.

02:53

The baby moves quite a lot.

02:56

Sometimes I feel movement in two spots,
like the baby's stretching.

03:03

- Like this.
- Like banzai.

03:10

It was in 2019 that the two became plaintiffs in a lawsuit demanding marriage rights equality.

03:18

Feeling the need to take action in order to change their inability to become spouses in Japan, they joined a nationwide class suit.

03:31

Three years later.

03:32

The day before the district court announced its decision, Theresa and Machi took part with other plaintiffs in an event promoting the rights of the LGBTQ community.

03:47

The court already decided,
but we won't know until tomorrow.

03:53

I'm nervous.

03:58

During the event, Theresa gave a speech.

04:04

I'm expecting a child.
I'm due this August.

04:11

I believe the court's decision
will not only be for my baby...

04:17

but also for the children
of future generations.

04:23

So, I hope their verdict
will be a good one...

04:27

to give children a brighter future.

04:38

Will Theresa and Machi become family by law?

04:42

The day of the court ruling announcement had come.

04:50

Oh, hi dad! Yes. I called to wish you happy father's day.

05:01

We are getting a verdict today.

05:03

I think I told you it's coming in June, but I forgot to tell you the exact day.

05:09

So yeah, we are on our way, and we are gonna see how things go.

05:19

My mom made Beef Stroganoff.

05:24

Machi loves that too.

05:32

They said good luck.

05:35

They're rooting for us.

05:47

With hope in their hearts, they headed to court along with other plaintiffs and their lawyers.

05:55

However, their claim was rejected.

05:59

The court ruled that, in regards to both marital freedom and equality under the law, same-sex marriage not being recognized did not violate the Japanese constitution.

06:16

Japan won't legalize same-sex marriage.

06:21

So, I'd hoped this ruling
would help lead toward...

06:26

its legalization.

06:28

I'm sure all those who supported us
felt the same way, too.

06:33

This result is very discouraging.

06:40

In the court judgment was a sentence that the two couldn't ignore.

06:48

It states the purpose of marriage as "to help ensure the raising of children born from the union of a man and woman."

06:57

They felt this definition ignores the existence of same-sex couples as well as heterosexual couples without children.

07:08

Theresa and Machi decided to continue their legal battle.

07:13

Defining marriage as such implies that
the duty of a woman is to bear children...

07:20

and that if she doesn't,
she isn't doing her part.

07:25

This is very hurtful, and not only
for same-sex couples.

07:35

It's got a music box inside.

07:45

The two eagerly await the baby's arrival.

07:49

But their inability to marry is also affecting this part of their life together.

07:57

Machi won't legally be a parent of the child.

08:06

The staff at city hall
will say congratulations...

08:10

but not to me.

08:16

Machi's name cannot figure as a parent on the birth registration, making Theresa a single mother in the eyes of the government.

08:25

The child will thus not have Japanese citizenship and will need a resident status, - essentially a visa - to live in Japan.

08:34

Why are we treated like this?
Did we do something wrong?

08:43

Didn't expect people like us.

08:47

They should correct that.

08:52

Yeah.

08:58

On a rainy August day, their child came into the world.

09:07

- A safe birth.
- You two worked hard.

09:16

More than anything, Theresa and Machi wish to finally be able to legally form a family as soon as possible.

09:26

Just like heterosexual couples,
we want to raise our child...

09:30

and live as a happy family.

09:38

I'm sure we'll face many obstacles.

09:44

But I have faith that the three of us
will overcome them and find happiness.