Japanese court rules same-sex marriage ban as constitutional
In a massive blow to LGBTQ+ rights, a Japanese court has ruled that banning same-sex marriage is constitutional. In 2019, numerous LGBTQ+ couples filed a lawsuit against the government, claiming the country violated their constitutional right to marry.
The couples also requested that they each be paid 1 million yen (£6058) in damages for being discriminated against, as reported by NPR.
In 2021, a Sapporo court ruled that the ban on same-sex marriage was unconstitutional. Judge Tomoko Takebe said in the historic ruling that preventing same-sex marriages violates Article 14 of the Japanese constitution, which bans discrimination based on “race, creed, sex, social status or family origin.” However, a year after the groundbreaking ruling in Sapporo, a district court in Osaka ruled against three LGBTQ+ couples and their call for same-sex marriage. “From the perspective of individual dignity, it can be said that it is necessary to realise the benefits of same-sex couples being publicly recognised through official recognition,” the court said on 20 June. “Public debate on what kind of system is appropriate for this has not been thoroughly carried out.” The court also dismissed the three couples’ – two male and one female –request for 1 million yen (£6058) in damages.
Currently, Japan’s constitution defines marriage as “mutual consent between both sexes” and bans same-sex marriage. The document also states that gay couples are unable to inherit each other’s assets or share parental rights over each other’s kids.
