Tokyo High Court Declares Same-Sex Marriage Ban Unconstitutional; Denies Compensation Claims

On Wednesday, Japan’s Tokyo High Court ruled that the lack of legal recognition for same-sex marriage constitutes a violation of constitutional rights, although it declined to grant the plaintiffs any damages.

This ruling marks a significant step in the ongoing struggle for LGBTQ+ rights in Japan, which remains the only G7 nation without legal recognition for same-sex marriages or civil unions.

The case originated from a group of seven plaintiffs, including same-sex couples, who sought 1 million yen (approximately $6,500) each from the government.

They argued that the civil law provisions that prohibit same-sex marriage infringe upon their right to equality and the constitutional guarantee of marriage freedom.

Despite the court’s recognition of the constitutional issues at play, it ultimately dismissed their request for compensation.

This ruling builds on a 2022 decision by the Tokyo District Court, which acknowledged that the ban on same-sex marriage exists in a state of unconstitutionality, but stopped short of officially declaring it unconstitutional.

The language used by the lower court was interpreted as a call for legislative action from the Diet, Japan’s national legislature, to address the issue.

Ruling Reflects Growing Trend In Japanese Courts On Same-Sex Marriage

The recent ruling aligns with a growing trend in Japanese courts regarding same-sex marriage.

While some courts, including those in Sapporo and Nagoya, have declared the lack of recognition unconstitutional, others, such as those in Tokyo and Fukuoka, have only deemed the situation as a state of unconstitutionality.

Earlier this year, the Sapporo High Court became the first high court to assert that the lack of legal recognition is unconstitutional, echoing a lower court’s ruling from 2021.

Article 24 of the Japanese Constitution states that “Marriage shall be based only on the mutual consent of both sexes,” highlighting the legal barriers faced by same-sex couples.

LGBTQ+ advocates have celebrated the ruling as a crucial step toward achieving equality, though it highlights the ongoing challenges and disparities in the judicial system.

While the court’s decision has sparked hope among activists, all courts so far have consistently dismissed claims for financial compensation related to the issue.

As calls for legislative reform grow louder, the future of same-sex marriage in Japan remains uncertain, prompting further advocacy and discussions about equality and human rights within the nation.

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