Mar 7
Japan's Refusal to Recognize Same-Sex Marriage in Law is Unconstitutional, a Court Finds
Mari Yamaguchi READ TIME: 2 MIN.
A Japanese high court on Friday ruled that Japan's refusal to legally recognize same-sex marriage is unconstitutional, the latest victory for same-sex couples and their supporters seeking equal rights.
Friday's decision by the Nagoya High Court, in central Japan, marks the ninth victory out of 10 rulings since the first group of plaintiffs filed lawsuits in 2019.
The decision was also the fourth high court ruling in a row to find the current government policy unconstitutional, after similar decisions in Tokyo, Fukuoka and Sapporo.
After a fifth court ruling expected later this month in Osaka, the Supreme Court is expected to handle all five appeals and make a decision.
The Nagoya court said Friday that not allowing same-sex couples the legal right to marry violates a constitutional guarantee of equality. The court also upheld the right to individual dignity and the essential equality of both sexes.
The current civil law, which defines marriage as being between a man and a woman, is discrimination based on sexual orientation and lacks rationality, the ruling said.
The government has argued that marriage under civil law does not cover same-sex couples and places importance on natural reproduction. Chief Cabinet Secretary Yoshimasa Hayashi told reporters after the ruling Friday that the government will monitor pending lawsuits and public opinion.
The plaintiffs and their lawyers say the overwhelming winning record of 9-1 in the courts is already enough and the government should quickly take action.
More than 30 plaintiffs have joined the lawsuits on marriage equality filed in five regions across Japan since 2019. They argue that civil law provisions barring same-sex marriage violate the Constitutional right to equality and freedom of marriage.
