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Family Law

: Massachusetts Gay and Lesbian Legal Briefs

Japan Offers Recognition of Same-Sex Marriages Abroad

By Christopher Vaughn-Martel

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As reported by the AP, Japan's Justice Ministry announced on March 27, 2009 that it has begun issuing marriage-eligibility certificates to Japanese citizens who plan to marry someone of the same sex in a foreign country where same-sex marriage is legal.

For Japanese nationals, whether they are gay or not, to marry foreigners in foreign countries, they must obtain certificates from the ministry by submitting documents including their name, birth data, sex and nationality, and similar information about their marriage partner.

The ministry has so far rejected the issuance of such certificates to Japanese citizens seeking to marry same-sex partners of foreign nationality as such marriages are not approved under domestic law. Because the Justice Ministry would not issue the requisite eligibility certificate, Japanese gays and lesbians were blocked from marrying a same-sex foreigner, even if their marriage partner's country approved of same- sex marriage.

Under the latest decision, the ministry will issue a new type of certificate which will only clarify that the person has reached the legal age for marriage and that he or she is single. Under the changed policy, gays and lesbians in Japan will be able to bring a foreign same-sex spouse to live with them in Japan.

Same-sex marriage is legal in Belgium, Canada, the Netherlands, Norway, South Africa, Spain, Sweden, and the U.S. states of Connecticut, Iowa, Massachusetts, and Vermont.

Full post as published by Massachusetts Gay and Lesbian Legal Briefs on April 10, 2009 (boomark / email).

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