In May, a same sex couple made news when the city of Omura in Nagasaki Prefecture allowed them to be indicated as the equivalent of a common law couple in their resident certificate, or juminhyo. It is the first time a same sex couple has received the indication in a juminhyo. Since then, at least two other cities, Kanuma in Tochigi Prefecture and Mitoyo in Kagawa Prefecture, as well as Setagaya Ward in Tokyo, have said they are considering making the same indications if a same sex couple want to do so on their juminhyo.
But not so fast, said the central government. According to the Asahi Shimbun, the Minister of Internal Affairs and Communications (MIC), Takeaki Matsumoto, held a press conference on July 9 saying that there is a “possibility” that such an indication would cause “practical problems.” Apparently, the ministry had already contacted the mayor of Omura, Hiroshi Sonoda, in writing, telling him that juminhyo are official documents under national law, which Omura “did not follow” when it made the indication for the unnamed same sex couple in their household juminhyo. Sonoda replied that he had no intention of changing the indication and requested that the ministry clarify what it meant by “practical problems.” It is the mayor’s understanding that local governments administer resident certificates at their own discretion, since juminhyo are necessary for managing social security and social welfare matters at the local level. By extension, they can also be used to grant power of attorney. However, in many cases, such matters involve the central government, as well, so the MIC feels it has some say on how resident certificates should be administered. The MIC’s thinking is that if same sex couples are treated the same as common law couples in the document, social welfare officials will have a difficult time judging if an applicant is eligible for certain social services, even though an official at Omura City Hall told Asahi that the office received a call from an MIC official on July 8 who admitted that the indication in the juminhyo “should be decided by the local government.”
But the MIC didn’t stop there. A later Asahi article said that on July 9, the ministry sent notifications to all prefectures saying pretty much what Matsumoto said at the press conference. While Matsumoto’s statement about the matter was vague, its intention seemed to be to tell local governments that they can’t make such indications in the juminhyo, though, as Sonoda pointed out, it isn’t clear if the ministry can force the issue.
Omura’s move was inevitable. In recent years, some local governments have passed ordinances that recognize same sex couples as couples, but these ordinances do not give same sex couples the same rights as legally married couples. However, in March the Supreme Court decided that someone in a same sex relationship is eligible for compensation provided by the government to victims of crimes or victims’ families if that person’s same sex partner was the victim of a crime. The court’s rationale was that since common law heterosexual couples qualified for such compensation, same sex couples should as well.
In the Asahi article, a Nihon University professor disputed the MIC’s position, saying that the administration of resident certificates is not work that has been “entrusted” to local governments by the central government, so it is, indeed, completely up to the local government how they carry out the process. In addition, he doesn’t see how there would be a “problem” in indicating a same sex couple on the juminhyo, since on the document there are boxes for gender and relationships, so, as in the case of the Omura couple, one partner would be the head of household (setainushi, a problematic word for many since it literally means “owner of the household”) and the other would be indicated by their relationship to the head of household (HOH), in this case “husband,” and since both partners would have the “male” gender box checked, it would be easy to tell that this was a same sex couple. The professor says that Omura recognized, in accordance with the Supreme Court decision, that allowing heterosexual common law couples to register as partnerships without allowing same sex couples the same thing is discrimination.
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