In A Setback For LGBTQ Rights, Japan Has Found Its Ban On Same-Sex Marriage Constitutional
The Tokyo judge said that the current marriage system is “useful in preparing an environment for raising children."
In a setback for LGBTQ rights, a court in Japan has found that it is constitutional for the country to ban same-sex marriage.
In Japan, the constitution defines marriage as one of “mutual consent between both sexes,” which has been commonly understood as not permitting same-sex marriage.
However, on Valentine’s Day 2019, 13 same-sex couples had filed lawsuits in five district courts to challenge the ban, with another lawsuit being filed in Tokyo in 2021.
The top courts in the first five cases in Sapporo, Tokyo, Nagoya, Osaka and Fukoka, ultimately all ruled that the ban violates the constitution.
However, on Friday, Nov. 28, the top court in Tokyo ruled on the second case filed in 2021 and found that the ban was constitutional.
The Tokyo judge said that the current marriage system is “useful in preparing an environment for raising children,” and that it is reasonable to interpret "husband and wife" as a man and a woman, according to local outlet the Mainichi.
Rights groups and the LGBTQ community criticized the ruling, saying that it essentially found that discrimination against same-sex couples is constitutional.
All six cases will now be making their way to Japan’s Supreme Court, after the couples from the first 5 cases all appealed the verdicts as they were denied compensation.
Meanwhile, the couple from the latest case in Tokyo are also expected to appeal, although hearing date has not yet been set for the Supreme Court.
Japan is the only G7 country that still does not recognize same-sex marriage.
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Kassy Cho
Kassy Cho
Kassy Cho
