An American Japanese LGBTQ couple filed a lawsuit Monday against the central and local governments, arguing that their refusal to recognize the true nature of their marriage after one of them underwent gender transition in 2018 is unconstitutional.

Elin McCready, 47, and Midori Morita, 51, filed a lawsuit with the Tokyo District Court against the state as well as Tokyo’s Meguro Ward, where they used to live, and Ota Ward, their current place of residence. Both municipalities have refused to recognize McCready's gender transition due to the legal status of same-sex marriages in Japan. The couple is seeking ¥2.2 million in damages for emotional distress.

The couple got married in 2000 in Japan and have three children. In 2018, McCready changed her gender in the United States, changed her name and received new documents confirming her gender as female. But the couple has faced bureaucratic challenges and the possibility of losing legal benefits as a married couple.