
Suits filed to null upper house election over vote disparity
While the vote gap had been on a declining trend since the mergers of two pairs of less-populated prefectures into two constituencies in 2015, the maximum disparity in the latest upper house election expanded to 3.13-fold from 3.03-fold in the previous race in 2022.
The Supreme Court said in its 2023 ruling that resolving such disparities is an urgent matter. It had ruled that the upper house poll results in 2010 and 2013, as well as those of House of Representatives races in 2009, 2012 and 2014, were in a "state of unconstitutionality" but stopped short of invalidating the election results.
The lawsuits filed Tuesday morning by two groups of lawyers included those submitted to the Osaka High Court, the Hiroshima High Court's Matsue and Okayama branches and the Fukuoka High Court's Naha branch.
"Even though the top court said the disparities should be corrected, this election was held under the same system," lawyer Hidetoshi Masunaga said at a press conference after filing the suit with the Osaka court.
Calculations by Kyodo News based on data released by the Ministry of Internal Affairs and Communications showed that Kanagawa Prefecture had the highest number of voters per lawmaker and Fukui Prefecture the lowest.
Vote weight disparities in upper house elections were 5.00-fold in 2010 and 4.77-fold in 2013. The disparities then fell since Tottori and Shimane prefectures were merged into one constituency and Tokushima and Kochi prefectures into another ahead of the 2016 election.
The top court ruled that the disparity of up to 3.08-fold in 2016 and 3.00-fold in 2019 were constitutional.
© KYODO
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Japan Today
20 hours ago
- Japan Today
Married couples still excluded under Japan's transgender law
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Although the couple say that gender is not central to their married life, Miki is concerned about the need to identify herself because she is listed as a man on her family register. "They don't recognize me for who I am," said Miki. "That's the hardest part." Miki wants to legally change her gender, but she cannot do so under Japan's law for people with gender dysphoria while she is married. It states that a diagnosis must be made by at least two doctors, and anyone who wants to legally change their gender must fulfill certain conditions. As it was enacted in 2004, Japan's Act on Special Cases in Handling Gender Status for Persons with Gender Identity Disorder required that people changing their gender be at least 18 years old, unmarried, without minor children, sterile, and have genitalia resembling those of the target gender. In 2023, the Supreme Court struck down the sterilization requirement as unconstitutional. Miki meets all the conditions except for being married. In July 2024, she filed a petition for a domestic relations hearing at the Kyoto Family Court to obtain a legal sex change while married. However, in March this year, Presiding Judge Akiko Nakamura rejected the request. She ruled that the requirement of being unmarried "cannot immediately be interpreted as unconstitutional and invalid." But Nakamura acknowledged that it forces people to choose between divorcing and changing their gender or accepting the disadvantages of having different social and legal genders while being married. According to the judgment, the requirement is in place to avoid same-sex marriage, which is not recognized under current Japanese law. "Although everyone's idea of happiness is different, the court's decision seems out of touch with the times," said Chiro, who is in her 40s. "I really can't understand it." Nakamura's ruling follows precedent from 2020, when the Supreme Court refused to grant a petition for gender reassignment to a married couple. It decided the requirement was constitutional and based on "considerations such as the potential for disrupting the current marriage order, in which marriage is recognized only between heterosexuals." That decision has not been overturned. Japan is the only Group of Seven country that has not legalized same-sex marriage or civil unions. The Kyoto Family Court ruling was a setback after several legal victories by those trying to change the law on gender dysphoria and the legality of same-sex marriage. Since the 2023 Supreme Court decision, family courts have permitted gender reassignment even when a person has not undergone surgical sterilization. According to the top court, there were at least 54 such cases in 2024. As for the requirement about the appearance of genital organs, the Hiroshima High Court ruled in July 2024 that there is "suspicion of unconstitutionality." Lawsuits demanding the legalization of same-sex marriage have been filed by people in Sapporo, Tokyo, Nagoya, Osaka, and Fukuoka. In March 2021, the Sapporo District Court ruled that the current law not recognizing same-sex marriage is unconstitutional. Following the Sapporo ruling, the district court decisions on the constitutionality of the law were divided, but by March of this year, all five high courts had ruled it unconstitutional. Yasuhiko Watanabe, a professor of family law at Meiji University's School of Law, pointed out that Germany abolished its unmarried requirement for gender change in 2008 and passed same-sex marriage legislation in 2017. "Japan should move forward with eliminating the requirements of the special law," said Watanabe. "However, we must expand the counseling system in schools, workplaces, and specialized institutions and establish a framework to support those involved." On April 1, Miki filed an appeal with the Osaka High Court against the Kyoto Family Court's decision. Chiro, who is attracted to men and has not changed her sexual orientation from heterosexual to homosexual, says she will cherish her life with Miki, even if Miki's gender transition is eventually recognized by law. Miki and Chiro said the concepts of family and happiness are different for each person, and they will continue to fight what they regard as an unjust law. "As long as Miki remains someone that I care about, I want to continue to share my time with her," Chiro said. © KYODO


Kyodo News
20 hours ago
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FOCUS: Japan may face political turmoil if PM quits soon after election loss
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Frustration over his government's failure to take effective measures to ease the negative impact of inflation on the economy also led to the LDP losing this year's Tokyo metropolitan assembly election one month before the upper house race. A government official said, "Ishiba struck out on three pitches. He's out and it's time to switch sides." Some pundits say Ishiba's reluctance to cut the consumption tax rate to maintain the social security system -- a move believed to favor the elderly -- is viewed by the younger generation as tone-deaf to household struggles, eroding support across ideological lines. The LDP has not clarified whether it will begin discussing a consumption tax cut with opposition parties. Ikuo Gonoi, a politics professor at Takachiho University, said the public "will not be satisfied" unless the ruling party "makes concessions" on the issue. 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Former Prime Minister Fumio Kishida, Ishiba's predecessor, appears eager to make a comeback, but he has not escaped criticism for losing the conservative support base that Shinzo Abe, Japan's longest-serving premier who was assassinated in 2022, had built. Only Koizumi seems well-positioned to forge a coalition government with the conservative Japan Innovation Party, as he has a "strong affinity" with its leader, Osaka Gov. Hirofumi Yoshimura, the group's founder Toru Hashimoto said on a TV program. If the next LDP president fails to join hands with groups other than its long-standing partner Komeito party, the opposition bloc could submit a no-confidence motion against the Cabinet. Given the seat distribution in the lower house, the motion is set to pass. The new leader would then most likely dissolve the lower house and call a snap election, said Masamichi Adachi, chief economist for Japan at UBS Securities, adding, "In any case, political uncertainty is expected to continue for some time."


Japan Today
a day ago
- Japan Today
Japan may face political turmoil if PM quits soon after election loss
People take part in a rally outside the office of Japanese Prime Minister Shigeru Ishiba, urging the embattled leader not to resign in a show of support in Tokyo on July 25, 2025. (Photo not for sale)(For editorial use only)(Kyodo) ==Kyodo By Tomoyuki Tachikawa If Prime Minister Shigeru Ishiba resigns soon, the move could herald political turmoil in Japan, as no decisive winner emerged from Sunday's House of Councillors election, in which the ruling bloc suffered a major setback. Having lost its majority in both chambers of parliament it remains unclear whether the ruling Liberal Democratic Party could even produce the next prime minister from within its own ranks, should Ishiba step down. Amid deep ideological divisions, prospects for an opposition-led government are dim, compelling the LDP's next leader to pursue new alliances. Should coalition talks falter, Japan could be thrust into a period of prolonged political turbulence, analysts warn. The ruling bloc was already a minority in the more powerful House of Representatives following last year's general election, held about a month after Ishiba won the LDP leadership race in late September. Frustration over his government's failure to take effective measures to ease the negative impact of inflation on the economy also led to the LDP losing this year's Tokyo metropolitan assembly election one month before the upper house race. A government official said, "Ishiba struck out on three pitches. He's out and it's time to switch sides." Some pundits say Ishiba's reluctance to cut the consumption tax rate to maintain the social security system -- a move believed to favor the elderly -- is viewed by the younger generation as tone-deaf to household struggles, eroding support across ideological lines. The LDP has not clarified whether it will begin discussing a consumption tax cut with opposition parties. Ikuo Gonoi, a politics professor at Takachiho University, said the public "will not be satisfied" unless the ruling party "makes concessions" on the issue. Ishiba, meanwhile, said Japan has reached a crucial trade agreement with the United States, avoiding the worst-case scenario of a 25 percent "reciprocal tariff," but the deal's conclusion may pave the way for Ishiba's exit, the pundits added. While the ruling camp's loss of its majority in both the lower and upper houses has provided a window of opportunity for opposition parties to take power, they have been ideologically fragmented, particularly on national security issues. Even if the LDP-led coalition remains the core of the government, it must seek cooperation from opposition parties to pass individual bills and budgets, at least until the next scheduled upper house election in three years. Ishiba's resignation would force the LDP to hold a leadership race -- either involving rank-and-file members or decided swiftly by lawmakers alone. A shift toward a more conservative, pro-spending figure might be the party's best bet. Sanae Takaichi, a former minister for economic security, is considered a top candidate to succeed Ishiba. She won the most rank-and-file votes in the previous LDP leadership race and would become the party's first female president if elected. Takaichi, known as an advocate of expansionary fiscal spending and hawkish national security policies, could trigger a broader political realignment as Ishiba has alienated conservative supporters from the LDP. If the LDP pivots rightward, the possibility of a grand coalition with the Constitutional Democratic Party of Japan would diminish, as the largest opposition force holds more left-leaning perspectives on security and diplomacy. But some conservative opposition groups that gained momentum in the latest election -- such as the Democratic Party for the People and the right-leaning populist Sanseito party -- could align with Takaichi's LDP, making a coalition feasible. Even so, it remains to be seen whether Takaichi can become Japan's first female prime minister. As a last resort to expand the coalition, the LDP could tap a partner party leader as premier in exchange for securing a bicameral majority. In Japan, the biggest party in parliament has occasionally handed the prime ministership to the leader of a smaller coalition partner to form a government, most notably after the LDP was briefly ousted from power in 1993. Other potential successors to Ishiba could face difficulties bringing other parties into the coalition, as many are regarded as moderates like him. He has prompted conservative opposition groups to further distance themselves from the LDP. Farm minister Shinjiro Koizumi, who has regained media attention for promoting efforts to curb surging rice prices, is perceived as a close ally of Ishiba, while Chief Cabinet Secretary Yoshimasa Hayashi shares the blame for Sunday's setback as the government's top spokesman. Former Prime Minister Fumio Kishida, Ishiba's predecessor, appears eager to make a comeback, but he has not escaped criticism for losing the conservative support base that Shinzo Abe, Japan's longest-serving premier who was assassinated in 2022, had built. Only Koizumi seems well-positioned to forge a coalition government with the conservative Japan Innovation Party, as he has a "strong affinity" with its leader, Osaka Gov. Hirofumi Yoshimura, the group's founder Toru Hashimoto said on a TV program. If the next LDP president fails to join hands with groups other than its long-standing partner Komeito party, the opposition bloc could submit a no-confidence motion against the Cabinet. Given the seat distribution in the lower house, the motion is set to pass. The new leader would then most likely dissolve the lower house and call a snap election, said Masamichi Adachi, chief economist for Japan at UBS Securities, adding, "In any case, political uncertainty is expected to continue for some time." © KYODO