3 sue Japan gov’t over court orders to cover rainbow socks, writing on hoodie

TOKYO — Three people jointly filed a lawsuit against the Japanese government on Nov. 13, claiming that they were unfairly restricted by the courts, which required one of them to cover the rainbow pattern on his socks and the other to cover the writing on his hoodie when they observed separate trials.

While presiding judges are given “court police powers” for the purpose of maintaining order in the courtroom, the plaintiffs say they want to question the legitimacy of their actions.

The lawsuit seeking 3.3 million yen (roughly $21,000) in compensation was filed with the Tokyo District Court by three individuals, including Meiji University professor Ken Suzuki, who observed a trial over same-sex marriage in the Fukuoka District Court in June 2023.

According to the complaint, Suzuki was urged by Fukuoka court officials to hide the rainbow pattern on his socks ahead of the court hearing, and was finally allowed to enter the courtroom after folding the pattern inward. The rainbow pattern is widely known as a symbol of sexual diversity.

One of the other plaintiffs, a supporter of Iwao Hakamada, 88, who was acquitted of murder in a retrial, was ordered to cover the “Hakamada” part of “Free Hakamada” writing printed on his hoodie when he attended the retrial at the Shizuoka District Court.

“Court police powers” provide that the presiding judge may take necessary action against observers who interfere with the performance of their duties or act unreasonably in order to ensure that the proceedings are conducted in an orderly manner. The plaintiffs argue that neither the socks nor the hoodie were disruptive to the orderly conduct of the courtroom. They claim that the court’s response constituted an illegal exercise of public authority that did not meet the requirements of court police powers.

Suzuki said, “When I asked the court staff why, all they said was, ‘It’s an order from the presiding judge.’ In the same-sex marriage case at the Tokyo District Court, I was able to attend the hearing wearing socks with the same pattern. I would like them to show us a clear standard.”

(Japanese original by Ran Kanno, Tokyo City News Department)