TOKYO: A Japanese HC ruled Thursday that denying same-sex marriage is unconstitutional and called for urgent govt action to address the lack of any law allowing for such unions. Plaintiffs and the LGBTQ+ community cheered it as a landmark decision that gives them hope for change toward equality.
The court does not have the power to overturn the current marriage law, which has been interpreted to restrict marriage as between a man and a woman. Govt offices may continue to deny marriage status to same-sex couples unless the existing law is revised to include LGBTQ+ couples or a new law is enacted that allows for other types of unions.
Sapporo HC ruling said that not allowing same-sex couples to marry and enjoy the same benefits as straight couples violates their fundamental right to equality and freedom of marriage. The case was brought by three same-sex couples who appealed three years ago after a lower court recognised the unconstitutionality of excluding same-sex couples from marriage equality but dismissed compensation claims for their suffering. A lower court issued a similar ruling earlier Thursday, becoming the sixth district court to do so. But the Tokyo district court ruling was only a partial victory for Japan’s LGBTQ+ community calling for equal marriage rights, as it doesn’t change or overturn the current civil union law that the govt says defines marriage as between a man and a woman.
Japan is the only G7 member that still excludes same-sex couples from the right to marry and receive spousal benefits.
