A high court in Japan ruled on Thursday that a ban on same-sex marriages was unconstitutional and suggested the government act on the issue, with Japan being the only G7 country that does not offer legal protections or equivalent rights to same-sex couples.
Thursday’s ruling went through the Sapporo High Court in northern Japan’s Hokkaido province and follows a similar landmark ruling handed down by the Sapporo District Court in 2021.
In a separate case on Thursday, the Tokyo District Court said the lack of legal popularity of same-sex marriages in the country constituted a “state of unconstitutionality,” Japanese news agency Kyodo reported.
Both courts, however, dismissed the plaintiff’s claim for government damages and alleged negligence similar to the failure to substitute the country’s law.
The Kyodo News report adds that a series of lawsuits regarding this matter have been filed in five district courts across the country.
In its ruling, the Sapporo High Court said it “strongly hopes” that parliament will act to “institutionalize” same-sex marriages at some point in the long term and that “living according to one’s gender identity and sexual orientation is an inalienable right. “”»
A ruling by the Tokyo High Court said the lack of legal popularity for same-sex couples constituted a “deprivation of a key detail of their private identity. “
Commenting on the rulings, advocacy organization Marriage For All Japan said: “Once again, we strongly urge the Diet (Japanese Parliament) to take seriously the harsh complaint of the judiciary and begin concrete legislative work to revise the law to recognize people of the same sex. marriages. ” The organization also announced plans to hold a demonstration in front of the construction of the Japanese Diet on Friday.
Following the landmark ruling of the Sapporo District Court in 2021, several other courts have heard cases involving same-sex marriages with combined results. In 2022, the Osaka District Court dismissed a similar lawsuit, saying the restrictions were not unrelated. The Nagoya District Court ruled that the ban was unconstitutional. The Japanese government led by Prime Minister Fumio Kishida has argued that the Charter only recognises marriage between heterosexual couples and has been reluctant to replace it. Despite this, same-sex marriages in Japan have continued to grow, with one vote last year appearing at 72 percent.
Japan is the only country in the G7 organization of complex economies that legally recognizes or offers coverage to same-sex unions. Some local governments in Japan grant certificates to same-sex couples with limited benefits. Italy also recognizes same-sex couples. But, unlike Japan, it allows same-sex civil unions with the same legal coverages as married couples.
Japan’s High Court declares ban on same-sex marriage unconstitutional (Kyodo News)