JR East refused to sell gay couple special rail pass for spouses | The Asahi Shimbun: Breaking News, Japan News and Analysis – 朝日新聞デジタル
Ariel Ling-chun Liu was shocked to discover that he and his same-sex partner were ineligible for Japan Railway’s (JR) couples’ discount pass.
When Liu, 37, inquired if he could buy the special rail pass for married couples, he was rejected on the grounds that he and his partner, who have had their same-sex partnership officially certified through their local government, are not a man and a woman.
He detailed his story on Twitter and it was retweeted nearly 4,000 times.
Liu, who is from Taiwan and teaches Chinese and gender issues at Sagami Women’s University as a part-time lecturer, started living with a Japanese man, 52, in Aichi Prefecture last year.
They received their partnership certificate from their municipality in April this year.
They wanted to take advantage of JR Group’s special couples’ pass, which gives passengers access to the first-class cars on almost all JR lines.
The pass is accessible to couples whose combined ages add up to at least 88. The JR website states purchasers “need to show formal documents to prove your age.”
Though they met the requirement, with their total age reaching 89, Liu was concerned about whether the package included gay couples. So, Liu contacted East Japan Railway Co. (JR East) through its website in mid-June.
The service representative told him that the special rail pass only targets “couples made up of men and women.”
“You cannot use it,” the person said.
Liu was disappointed.
“My impression (of the company) was that it provides enlightened customer service,” he said. “We have the right to enjoy a little happiness, too.”
For five years in a row, JR East won the gold prize under the LGBT pride commendation system offered by an advocacy group for sexual minorities. The rail company won the awards for its work to support the LGBT community.
In response to an inquiry, JR East told The Asahi Shimbun the pass is “not sold to same-gender couples because their marriages are not legal as of now.”
But it acknowledged that men and women with common-law marriages are eligible.
“Such pairs are virtually the same as legally married couples because they live within the same households,” said JR East. “If they submit marriage notification forms, they would be approved. This means they fulfill our criteria for pass users.”
The company said that six JR corporations will consider a person’s individual situation and whether they can provide a solution.
After Liu published his story, social media users debated the issue and posted negative messages as well as messages of support.
One commenter insisted “those recognized under a partnership certificate framework should be allowed to use” the pass, while another said it was only natural that Liu’s request was rejected since the pass “targets husbands and wives.”
LEGAL REFORMS CALLED FOR
“Companies will not change unless the state changes,” Liu said.
Same-sex marriages were legalized in his homeland of Taiwan in 2019, a first for Asia.
Taiwanese were until recently unable to marry people from countries with legal systems that do not recognize gay marriage.
But a Taipei court ruled on July 21 that “not approving same-sex marriage in accordance with Japan’s framework would constitute discrimination and go against Taiwan’s legal order.” The ruling set out that the marriage of a Japanese man and a Taiwanese man living in Taiwan must be registered.
But same-sex marriages remain illegal in Japan. Lawsuits have been filed against the government seeking compensation and have claimed the ban on gay marriage violates Article 14 of the Constitution, which guarantees equality for all.
The Sapporo District Court in March last year concluded a provision in the Civil Code that rejects same-sex marriage is unconstitutional.
The Osaka District Court, however, decided in June 2022 that the Civil Code is compatible with the Constitution. It argued that differences between gay couples and opposite-sex pairs “have been shrinking to some extent” amid the spread of civil partnership programs.
But Liu said the Osaka court failed to recognize that a “range of rights is not ensured for us in many instances in real life.”
He said gay people are often turned away from visiting their partners when they are hospitalized in municipalities that do not certify gay partnerships.
“It is not the case that people’s mindsets can be changed by legislation, but discrimination should not be accepted,” said Liu.
“A law to recognize same-gender marriage is indispensable for protecting our lives. I would like a society to be realized where no one will be abandoned.”
CIVIL PARTNERSHIPS BECOMING MORE COMMON
In 2015, Tokyo’s Shibuya and Setagaya wards became Japan’s first municipalities to formally certify sexual minority couples under civil partnership programs.
A joint survey by Shibuya Ward and a nonprofit group called Nijiiro Diversity showed 223 local governments have introduced partnership frameworks nationwide as of July 1 this year, covering more than 50 percent of Japan’s population.
While 3,168 couples have been recognized under partnership systems as of the end of June 2022, the certificates are not legally binding. That means property inheritance rights and joint custody of children are not ensured for them.
Meantime, some private companies are coming up with special programs and offers aimed specifically at the LGBT community.
Private businesses have been increasingly marketing housing loans, cellphone contracts and other family discount services specifically designed for same-sex pairs.
Policyholders of an insurance product can receive benefits when their gay partners die. Japan Airlines Co. and All Nippon Airways Co. also allow same-gender couples to share their loyalty program points just like opposite-sex married couples.