American man married to same-sex couple sues Japanese government for long-term visa

TOKYO (Reuters) – An American man whose marriage to his Japanese husband is legally recognized in his country sued the Japanese government on Wednesday over the same right of residence a heterosexual couple would get, saying he was being denied a life of family.
According to Japanese law, foreign nationals married to Japanese in heterosexual marriages are granted long-term resident status upon arrival in Japan, but those married of the same sex are not.
Although nearly two dozen cities, towns, and neighborhoods in Japan issue certificates recognizing same-sex partnerships, they have no legal status.
Japan remains deeply conservative and the constitution stipulates that marriage is between a man and a woman.
Andrew High, a US citizen who met his Japanese husband 15 years ago in the US and married him there in 2015, sued the government for demanding the same long-term residency rights as a spouse foreign heterosexual would get.
Her husband, Kohei, who does not want his last name or occupation revealed, has joined her in a separate lawsuit seeking 11 million yen ($102,000) in damages, their lawyer told Reuters, Masako Suzuki.
“It violates their constitutional rights and also international conventions, because it is a violation of their right to have a family life,” Suzuki said.
Long-term resident status extends from one to five years. High has a short-term visa that expires next month.
A former software developer at an American university, High has lived in Japan on and off with Kohei since 2009. At one point, he founded his own company in Japan and obtained a “business manager” visa, but lost that visa when the company has run into financial difficulties.
He then applied for a long-stay visa granted under special circumstances but was refused five times.
“If they are separated because he has to leave Japan, it is a violation of their right to have a family life. But if her Japanese husband has to leave Japan so they can live together, it’s a violation of his right as a Japanese citizen to live in Japan,” Suzuki said.
A Justice Department official said he had not yet received full details of the case and could not comment.
Suzuki said she was hopeful because of recent court cases, including one in March in which a Taiwanese man was allowed to stay with his Japanese partner. Last month, a Southeast Asian transgender woman was also granted permission to stay.
Japan’s LGBT rights laws are relatively liberal compared to those of many Asian countries, although many LGBT people continue to conceal their sexuality.
But Japan’s ruling Liberal Democratic Party said in its 2016 manifesto that “same-sex marriage is incompatible with the constitution.”
On Valentine’s Day, 13 same-sex couples filed lawsuits in at least four Japanese cities, claiming the government was violating their constitutional rights to equal treatment.
Reporting by Elaine Lies; Editing by Robert Birsel