Speakers: Alexander Dmitrenko, Co-Representative Director, Lawyers for LGBT & Allies Network (LLAN) Naosuke Fujita, Co-Representative Director, Lawyers for LGBT & Allies Network (LLAN) Makiko Terahara, Co-Representative, Marriage For All Japan More event information:https://www.tuj.ac.jp/icas/event/marriage-equality-in-asia/

1. Marriage Equality in Asia and
the Business Case for Equal Marriage
20 June 2019
Presentation by Lawyers for LGBT & Allies Network
(LLAN) and Marriage for All japan (MFAJ)

2. Agenda
2
1 2 3
“Freedom of Marriage for All”
lawsuit in Japan
Business case for Marriage Equality:
Viewpoint on Equal Marriage
Marriage Equality:
Global progress and
Canadian experience
Alexander Dmitrenko
Co-Representative Director,
Lawyers for LGBT & Allies
Network (LLAN)
Naosuke Fujita
Co-Representative Director,
Lawyers for LGBT & Allies
Network (LLAN)
Makiko Terahara
Co-Representative,
Marriage For All Japan

3. Marriage Equality:
Global progress and
Canadian experience
1

4. Argentina
Australia
Austria
Belgium
Brazil
Canada (G7)
Colombia
Denmark/Greenland
Finland
France (G7)
Germany (G7)
Iceland
Ireland
Luxembourg
Malta
Mexico
Netherlands
New Zealand
Norway
Portugal
South Africa
Spain
Sweden
Taiwan
United Kingdom (G7)
Uruguay
USA (G7)
+9 Countries with some
legal protections (Chile,
Croatia, Czech Republic,
Ecuador, Greece,
Hungary, Italy (G7),
Slovenia, Switzerland)
+3 Countries the high
court ruled in favor of
marriage equality (Costa
Rica, Nepal, Ecuador)
27 countries with marriage equality
37 countries with some legal recognition
(including 6 of the G7)
Source: Freedom to Marry.org, June 2019 4

5. 26 countries with full marriage equality
Equal Marriage in Taiwan
• 2010s – Equal Marriage movement forms in Taiwan
• 24 May 2017 – Taiwan’s High Court ruled that barring same-sex couples from
marrying violates the Taiwanese Constitution
• 17 May 2019 – Taiwan’s Legislature passed the Equal Marriage Law
• 24 May 2019 – First same-sex marriages in Asia are registered
5
Breakthrough in Asia

6. 26 countries with full marriage equality
Equal marriage in Canada: brief history
• October 1973 – Toronto City issues LGBT anti-discrimination ordinance
• May 1999 – M. v H. extends equal rights to same-sex couples as “common law”
spouses
• January 2001 – Metropolitan Community Church of Toronto (MCCT) issues
“banns” to two couples
• July 2002 – Ontario trial court requires equal marriage, but with a 2 years hiatus
• June 2003 – Ontario Court of Appeal recognizes equal marriage to all immediately
and the 2001 MCCT marriages retroactively
• July 2005 – The Civil Marriage Act passes
6
LGBTコミュニティと裁判所が平等への道を切り開く
LGBT community and courts led the way towards equality

7. 26 countries with full marriage equality
Equal marriage in Canada: consequences
• No negative consequences, contrary to
the opponents’ predictions
• Marriage institution became stronger:
divorce rates have fallen
• Equality is not a pie: everyone can
have equality before the law
• Suicide rates of LGBT teens have fallen
• Individual pride and dignity
• Stronger families: both LGBT
children and LGBT parents
• Canadian mosaic: community pride
of diversity and inclusion
• Economic impact: equality is good
for business
• Increased tourism: Canada became a
“marriage” destination
7
LGBTの個人、アライ、家族、国家そして企業にとっての主な利益
Key benefits to LGBT individuals, allies, families, national pride and businesses

8. Equal marriage in Canada: public support
圧倒的な支持：すべての人が誇りをもったアライ
Overwhelming majority support: everyone’s a proud ally
Year Support Oppose
1996 49% 47%
2002 53% 41%
2006 62% 27%
2012 66.4% 33.6%
2015 70% 22%
2017 74%
“Great that in Canada, two people of the same sex can get married”
(up to 86% for 24-36 year olds)
26%
8

9. 26 countries with full marriage equality
Equal marriage in Canada: suicide rate drop
• Research in both US and Canada suggests
equal marriage had a significant impact
on LGBT individuals and allies, and their
mental health
• Adults: use of and expenditures on mental
health care significantly decreased among
gay men in the year following equal
marriage relative to the year prior in
Massachusetts
• Youth: Suicide is the 2nd leading cause of
death among adolescents (15-24 yo)
• LGBT youth are 3-4 times more likely to
attempt suicide than their straight peers
due to incredibly vulnerable to parental
rejection, bullying and harassment at
school, lack of social support
• April 2017 study of 47 US states found that
same-sex marriage legislation led to a 7%
drop in suicide rates among teenagers
generally and 14% for LGBT teens
9
LGBT個人(特に10代の若者）の自殺率が大幅に減少
Suicide rates of LGBT individuals (and particularly LGBT teens) have significantly fallen

10. Equal marriage in Canada: political visibility
10
LGBTの政治家が政界のあらゆるレベルで活躍
LGBT politicians are actively present at every political level
• 6 openly LGBT Members of Canadian Parliament
• Many provincial leaders and MPs are openly LGBT
• Special Advisor on LGBTQ2 issues
• Participation in Pride Parades
• Global advocacy of LGBT rights
• Apology for past mistreatment
• Raising of the rainbow and transgender flags

11. Equal marriage in Canada: good for business
11
カナダ企業も平等の重要性をすぐに理解し強く推進
Corporate Canada quickly understood and strongly promoted the importance of equality
• Canadian business have championed LGBT equality for decades
• Strong business case for equality and against discrimination, harassment, prejudices
• Competition for talent with other companies and with the US
• Committed and happy employees
• Lower health costs
• LGBT tourism and wedding industry

12. 2016 Census highlights
12
In 2016:
• 72,880 same-sex couples in Canada in
2016 (1% of all couples)
• 24,342 (of 33.4% of all same-sex
couples in Canada) were married
• Half of all same-sex couples in Canada
were living in country’s largest
metropolitan areas: Toronto, Montréal,
Vancouver, and Ottawa-Gatineau
5年ごとの国民調査は2001年から同性カップルも対象に実施
National census (conducted every 5 years) included same-sex couples from 2001

13. 2016 Census: increase in couple-hood
2001年以降カナダにおける同性カップルの数が相当程度上昇
Since 2001, the number of same-sex couples in Canada has grown considerably
• Over 10 years from 2006 to
2016, the number of same-sex
couples increased by 60.7%
• In comparison, the number of
opposite-sex couples
increased by 9.6% from 2006
to 2016
13

14. 2016 Census: families and children
• About one in eight same-sex couples
(12%) had children living with them in
2016 (both biological and adopted)
• In 2001, 8.6% same-sex couples had
children
• In 2016, 51.4% of opposite-sex couples
had children
• 10,020 children aged 0-14 were living
in a family with same-sex parents (half
of whom were married)
14
子を有するLGBTの家族の増加そしてLGBTのカップルの親の「通常化」
Increase in LGBT families with children and “normalization” of parenthood by LGBT couples

15. “Freedom of Marriage for All”
lawsuit in Japan
2

16. 14 Feb
2019
Sapporo-Tokyo-Nagoya-Osaka
Nationwide Simultaneous Legal Actions
"Freedom of Marriage for All" lawsuit
the first-ever lawsuits in Japan over unconstitutionality of not
allowing same-sex marriage

17. "Freedom of Marriage for All" lawsuit 14th Feb 2019
Q1
What are the key arguments
of the lawsuit?

18. "Freedom of Marriage for All" lawsuit 14th Feb 2019
What are the key arguments
of the lawsuit?
[Art.24 Para. 1 of Constitution]
Marriage shall be based only on the mutual consent of both sexes and it shall be
maintained through mutual cooperation with the equal rights of husband and wife as
a basis.
[Art. 14 of Constitution]
All of the people are equal under the law and there shall be no discrimination in
political, economic or social relations because of race, creed, sex, social status or
family origin.

19. "Freedom of Marriage for All" lawsuit 14th Feb 2019
Q2
Is same-sex marriage contrary
to the Constitution?

20. "Freedom of Marriage for All" lawsuit 14th Feb 2019
Is same-sex marriage
contrary to the Constitution?
Art. 24 of Constitution
Para. 1
Marriage shall be based only on the mutual consent of both sexes and it shall be
maintained through mutual cooperation with the equal rights of husband and wife as
a basis.
Para. 2
With regard to choice of spouse, property rights, inheritance, choice of domicile,
divorce and other matters pertaining to marriage and the family, laws shall be
enacted from the standpoint of individual dignity and the essential equality of the
sexes.

21. "Freedom of Marriage for All" lawsuit 14th Feb 2019
Is same-sex marriage
contrary to the Constitution?
 It is unconstitutional not to allow freedom of marriage to gay and lesbian couples!
Art. 24
Para. 1
 "Freedom of marriage" for all people
 Require same-sex marriage, rather than prohibiting it
Art. 14
 Provide for "Equality under the law"
 It is unreasonable discrimination to treat heterosexual couples and same-
sex couples differently

22. "Freedom of Marriage for All" lawsuit 14th Feb 2019
Q3
Wouldn’t a partnership or
similar system suffice?

23. "Freedom of Marriage for All" lawsuit 14th Feb 2019
Wouldn’t a partnership or
similar system suffice?
The problem with same-sex marriage not being permitted
You and your child may
become total strangers
You are not eligible to
receive the right to
live in the same
country
You cannot be with
your partner when they
are critically injured or
ill
If a will has not been left,
you cannot inherit
property! You may get
kicked out of your own
house that you lived in
with
your partner!

24. "Freedom of Marriage for All" lawsuit 14th Feb 2019
Wouldn’t a partnership or
similar system suffice?
Other solutions
Tool Issues solved But...
Adoption
• Inheritance
• Seeing at hospital etc.
• No spousal rights
• Parent and child?
• income/inheritance tax advantages for a spouse unavailable
• What if challenged by partner's family?
Arbitrary guardianship
• Property management
• Medical care etc.
• No spousal rights
Will • Inheritance
• Subject to reserved portion
• Inheritance tax advantages for a spouse unavailable
Partnership certificate • Unknown • Non-binding

25. "Freedom of Marriage for All" lawsuit 14th Feb 2019
Q4
Isn’t marriage about procreation?

26. "Freedom of Marriage for All" lawsuit 14th Feb 2019
Isn’t marriage
about procreation?
No rules that you cannot get married if you cannot have children.
Indeed, those who cannot have children for some reasons (disease, physical
constitution, etc.) can get married, and couples will not be forced to divorce due to a
lack of children.
Couples that cannot have children can get married:
 "deathbed marriage" with the partner who will soon pass away
 "prison marriage" with the partner in prison

27. "Freedom of Marriage for All" lawsuit 14th Feb 2019
Q5
How can I support equal
marriage in Japan?

28. "Freedom of Marriage for All" lawsuit 14th Feb 2019
Freedom of Marriage for All
General Incorporated Association

29. "Freedom of Marriage for All" lawsuit 14th Feb 2019
1. taking place across Japan
2. real-story movies (sexual minority, family, heterosexual ally)

30. "Freedom of Marriage for All" lawsuit 14th Feb 2019
Follow us!
Official website ・ Facebook ・ Twitter
（search with "marriage for all"）
LINE@ (@zif9715k)
Support
 Attend / sign up (change.org) / donation
 Company/law firm to express support for same-sex marriage
 Start conversation with your neighbors

31. "Freedom of Marriage for All" lawsuit 14th Feb 2019
Plaintiff's statement on
the first hearing (Apr 15)
Ono-san
"We have together cried, laughed, worried, argued, and raised
children. Why are we not recognized as a family by law. Why are only
couples of a man and a woman considered as a family. Families like
us are not special.
We live in everywhere in this country from Hokkaido to Okinawa. We
are not known because we try not to stand out for our children.
Please do not ignore families living now, please do not consider as if
they never existed."

32. "Freedom of Marriage for All" lawsuit 14th Feb 2019
Plaintiff's statement on
the first hearing (Apr 15)
Sato-san
"I have some diseases as well as HIV. I am aware I have only 10 years, or even less, to
live. It would be the happiest thing in my life if my partner and I were accepted as a
real married couple while I’m still alive. I will go to the heaven first, but at the last
moment, I hope we hold hands of each other as a married couple, and say "Thank
you. My life is full of happiness." before leaving for the heaven.
My partner is not here in the seats of plaintiffs because he has not told his colleagues
or family that his is a gay. I would like to introduce his comments. "I have become a
plaintiff without appearing in public. Honestly, I want to be there with my partner as
usual. But I cannot do it under the current circumstances. I hope we win this case and
in the end I can show my smile in public."

33. Business case for Marriage Equality:
Viewpoint on Equal Marriage
3

34. Amicus Brief in Support of Marriage Equality in the US
Accenture was a signatory

35. Viewpoint on Marriage Equality and
the Recruitment and Retention of LGBT Talent
Launched by 5 Chambers of Commerce
at the LLAN 3rd Annual Equality Gala on 19 September 2018

36. Viewpoint: Key Messages
More diverse and
inclusive community
More diverse and
productive workplace
International
competitiveness
Japan’s readiness
for marriage equality

37. Why equal marriage:
1. More diverse and inclusive community
ダイバーシティとインクルージョンが進んだコミュニティ
• Japan has no national LGBT anti-discrimination
policy, and LGBT couples receive no legal marital
protection.
• 7.6% (1 in 13 people) of the Japanese population self-
reported as LGBT—nearly 10 million people.
• 70% of LGBT youth are bullied and 30% consider
suicide--a rate roughly 3 times higher than their
peers.
• In the workplace, 47% of LGBT men who are not
“out” feel isolated , and this “invisibility” is
considered a major psychological obstacle to their
sense of wellbeing at work.
• 日本は国家レベルでLGBTの差別を禁止する方針を採用し
ておらず、LGBTカップルは、婚姻に関して法的保護を受けて
いない。
• 日本の人口の約7.6％ （約13人にひとり）に相当する
1,000万人近い人がLGBTであると自認している。
• LGBTの若者の約70％がいじめを受けており、LGBTでない
人の3倍に上る約30％が自殺を考えていることが明らかに
なっている。
• 職場では、LGBTであることをカミングアウトしていないLGBT
男性の47%が孤立感を抱いており 、こうした「不可視化
（invisibility）」は職場での満足感を左右する大きな心理
的障壁の一つと考えられている。
37

38. Why equal marriage:
2. More diverse and productive workplace
よりダイバーシティに富み生産性の高い職場環境
• The Government of Japan’s legal recognition of
marriage equality would demonstrate commitment to
diversity and inclusion, which have widely been
shown to improve companies’ decision-making,
productivity and profitability.
• Studies have shown that there is a 15-30% increase in
productivity when LGBT workers feel able to be open
with all their work colleagues.
• Expanding the freedom to marry would help close the
gap in treatment between LGBT couples and their
married peers, supporting the former to feel more
comfortable being true to themselves and allowing
them to contribute their full creative energy in the
workplace.
• ダイバーシティとインクルージョンは、企業の意思決定、生産性
および収益性を向上させることが広く証明されているが、日本
政府が法律上婚姻の平等を認めれば、そのダイバーシティとイ
ンクルージョンに対する取組みを示すことができるようになる。
• LGBTの従業員が全ての同僚に対してオープンな関係でいら
れると感じた場合には、生産性が15-30%向上することが研
究で明らかになっている。
• 婚姻の自由の拡大は、LGBTカップルの従業員と、婚姻関係
にある従業員との間の処遇格差の解消に役立つだけでなく、
LGBTカップルが自分に対して正直であると感じることで、より
快適に感じることができるようになり、職場において創造力を
十分に発揮することを可能にする。
38

39. Why equal marriage:
3. International competitiveness
国際競争力
• In the competition for global talent, Japan would lose
its competitive edge to retain LGBT talent unless and
until it recognizes equal marriage and LGBT rights.
• Currently, 26 countries have marriage equality - a
competitive advantage over Japan because they offer
LGBT talent a more inclusive environment.
• Equal marriage would help to level the international
playing field for companies in Japan by creating a
more inclusive living and working environment with
greater rights and protections for LGBT couples.
• グローバルな人材をめぐる競争において、婚姻の平等とLGBT
の権利を認めない限り、日本はLGBTの人材確保について競
争力を維持することは難しい。
• 現在、26の国々が婚姻の平等を実現しており、LGBTの人
材獲得という点において日本に対して競争上優位な立場に
ある。なぜなら、これらの国々は、LGBTの人材に対してよりイ
ンクルーシブな環境を提供しているからである。
• 婚姻の平等が認められれば、日本でビジネスを行う企業も、
LGBTカップルの権利や保護が充実した、よりインクルーシブな
生活・職場環境を整備することにより、国際的なレベルの人
材獲得において他国と対等な条件で競争することができるよ
うになる。
39

40. Why equal marriage:
4. Japan’s readiness for marriage equality
婚姻の平等に向けた日本の受容態勢
• Many large Japanese businesses and international
entities with Japanese operations have already
enacted policies to treat LGBT employees and their
partners equitably with their peers.
• NHK poll in March 2017 reported that 51% of the
Japanese population supports the freedom to marry.
• Multiple local governments have begun programs to
allow LGBT couples to receive partnership
certificates. A change at the national level would allow
all of Japan to provide equal marital rights and
protections in a consistent, systematic way.
• 日本の大企業や日本で事業を行う外国企業の多くは、既に
LGBTの従業員とそのパートナーをLGBTではない従業員およ
びその配偶者と同等に処遇する方針を定めている。
• 2017年3月のNHK世論調査によれば、国民の51％が婚
姻の自由に賛成していることが明らかになった。
• 日本のいくつかの地方自治体において、LGBTカップルにパー
トナーシップ証明書を交付するプログラムが導入されている 。
国政レベルの変化があれば、日本各地で同様に、かつ体系
的に、平等な婚姻の権利と保護が与えられることになるだろう。
40

41. Recommendation
提言
日本政府に対して、LGBTカップルにも婚姻の権利を認めることを提言する。LGBT
カップルに婚姻の権利を認めることにより、日本でビジネスを行う企業が、生産性を
最大化するための職場環境の基礎的要素である、人材の募集や採用、そして多
様な従業員の公平な処遇において直面している障害を取り除くことができる。
We recommend that the Government of Japan extend the right to marry
to LGBT couples. To do so would remove obstacles companies doing
business in Japan face in recruiting, retaining and motivating talent and
in treating the full diversity of their workforce equitably, which are
foundational elements of a work environment conducive to maximum
productivity.
41

43. Viewpoint on Marriage Equality
36 Endorsements as of 15 June 2019
www.llanjapan.org/viewpoint/850
• American
• Australian/NZ
• Belgian/Luxembourg
• British
• Danish
• Canadian
• European Business
Council
• Irish
• Japan In-house Lawyers
Association (JILA)
• Women in Law Japan
(WILJ)
• Ashurst
• Baker & McKenzie
• Clifford Chance
• DLA Piper
• Freshfields
• Herbert Smith Freehills
• Linklaters
• Mori Hamada Matsumoto
• Morrison Foerster
• Squire Patton Boggs
• AIG
• Amazon
• Coca-Cola
• Dow
• Elsevier
• EY Japan
• GE
• Mastercard
• PWC
• Robert Walters
8 Chambers 2 major lawyers’ associations
10 law firms 10 corporates

44. Viewpoint on Marriage Equality
6 Endorsements from major financial institutions on 31 May 2019
www.llanjapan.org/viewpoint/850

46. Upcoming LLAN events
June July August September
For more information:
info@llanjapan.org
www.llanjapan.org
www.llanmixer2019.peatix.com

47. Thank you very much
ありがとうございました