Japan’s Ban On Same-Sex Marriage Has Been Found To Be Unconstitutional By A High Court For The First Time
The court said banning same-sex marriage is an act of discrimination that lacks rationality, and legalizing it would not result in any harm to anyone.
In a win for LGBTQ rights, Japan’s ban on same-sex marriage has been found to be unconstitutional by a high court for the first time.
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.
The decision comes after three same-sex couples in the district of Sapporo brought forward a case in 2019, demanding the right to get married.
The couples argued that the government was violating their constitutional right to equality by banning same-sex marriage.
They also demanded one million yen (US$9,000) per person as compensation for services and benefits that married couples are entitled to.
A court then ruled in 2021 that the ban was unconstitutional, but rejected their claims for compensation.
The couples then appealed the decision to a higher court.
And on Thursday Mar. 14, the high court in Sapporo found that denying same-sex couples the right to get married is a violation of human rights.
The court said banning same-sex marriage is an act of discrimination that lacks rationality, and legalizing it would not result in any harm to anyone.
“The ruling clearly stated that same-sex couples have the same right as others and deserve to live in this country, and reminded me it’s okay just to be me,” Eri Nakaya, one of the couples who brought forward the lawsuit, said, according to AP.
This is the first decision from a high court on same-sex marriage in Japan.
On the same day, the Tokyo District Court also ruled that banning same-sex marriage is unconstitutional.
Before this, five other lower courts had issued decisions on Japan’s ban on same-sex marriage, with four finding it unconstitutional, and one finding it constitutional.
Amnesty International called the ruling “groundbreaking”, saying it marks a significant step towards achieving marriage equality in Japan.
However, the Sapporo high court does not have the power to overturn the current marriage law, meaning that government offices can still deny marriage to same-sex partners.
Japan is the only G7 country that still does not recognize same-sex marriage.
