Legal Nagoya District Court: denial of same-sex marriage unconstitutional

[thomas]

Yesterday, the Nagoya District Court ruled that the government's refusal to recognize same-sex marriage is unconstitutional. This is the second time that a court made such a ruling on Article 14, which stipulates equality under the law. It is the first time that a court ruled the denial violates Article 24, which guarantees the freedom of marriage.

Similar lawsuits have been filed in five district courts across the country. This was the fourth ruling among them, but the second to rule that denying same-sex marriages is unconstitutional. The Sapporo District Court in March 2021 ruled that the denial is unconstitutional and the Tokyo District Court in November 2022 ruled that the lack of a legal system that recognizes same-sex couples as a family is in a "state of unconstitutionality." In June 2022, the Osaka District Court ruled it as constitutional. In all the lawsuits, the courts denied the compensation claims. The Fukuoka District Court is scheduled to make a ruling on the case on 8 June.

Nagoya court: Denial of same-sex marriage is unconstitutional | The Asahi Shimbun: Breaking News, Japan News and Analysis

Judge Osamu Nishimura said one of his reasons for the ruling was "an acceleration in the trend toward understanding and recognizing same-sex couples" in society. Nishimura also said in court documents that, as long as same-sex couples in Japan remain "excluded" from "a national system that recognizes relationships and the adequate protections that result from it," the country is violating its constitution.

Paywall alert:

Japan court: 'Unconstitutional' not to allow same-sex marriage

Decision gives hope to LGBTQ community disappointed by recent LDP bill

asia.nikkei.com

 

[bentenmusume]

Wow, this guy is a pretty progressive dude, eh?

Good for him.

Anyone who thinks Japan is some massive hive mind where no one has an independent thought should pay attention to this news, I think.

 

[thomas]

More "progressiveness," this time in Fukuoka. Bless the Constitution!

The Fukuoka District Court on Thursday ruled that banning same-sex marriage is in an "unconstitutional state," following a ruling last week by the Nagoya District Court with stronger phrasing calling it unconstitutional.

Fukuoka court rules that ban on same-sex marriage is in ‘unconstitutional state’

Thursday’s ruling was the fifth among six lawsuits filed to date nationwide. Decisions have been split over the question of the ban’s constitutionality.

www.japantimes.co.jp

 

[Belkov]

I am not going to pretend that I understand Japanese law or Japan's position on LGBTQ issues but I do remember when same-sex marriages were being debated before it's legislation here in Scotland (Scotland has a different legal system from other nations in UK), in that it would cause far reaching legal implications. I had did a quick internet search and found this link from India which describes some of the the legal implications:

Consequential Benefits of Same-Sex Marriage Riddled With Issues

If granted, recognition of same-sex marriage is paramount to entitlement of certain consequential rights that are typically enjoyed by married persons, but it creates new problems, particularly in succession and inheritance, because the marriage law is intrinsically woven with personal laws.

www.outlookindia.com

If granted, recognition of same-sex marriage is paramount to entitlement of certain consequential rights that are typically enjoyed by married persons, but it creates new problems, particularly in succession and inheritance, because the marriage law is intrinsically woven with personal laws.

It isn't as much about being progressive or not but the desire to ensure that the legal ramifications of same-sex marriage is fully investigated and ensure that everyone, including heterosexual people are in no way disadvantaged by the potential law change.

 

[thomas]

Today, the Nagoya High Court became the fourth high court in Japan to declare the country's lack of legal recognition for same-sex marriage unconstitutional. However, it upheld a lower court's decision to dismiss the plaintiffs' claim for damages (see above). The court ruled that the marriage ban violates constitutional provisions guaranteeing equality under the law, individual dignity, and the fundamental equality of both sexes. Presiding Judge Nobuhiro Katada stated that current civil law imposes "discriminatory legal treatment based on sexual orientation without a rational basis." The ruling aligns with similar judgments from the Sapporo, Tokyo, and Fukuoka high courts in ongoing lawsuits nationwide.

Japan's civil law and family registration law provisions are based on marriage between a man and a woman and the privileges that result from matrimony, including inheritance rights, tax benefits and joint custody of children, are only granted to heterosexual couples. Japan remains the only Group of Seven industrialized country that has not legalized same-sex marriage or civil unions, despite lobbying from the LGBT community and its supporters. In total, six lawsuits contesting the lack of legal recognition of same-sex marriage were filed at five district courts across the country, with one ruling it is constitutional, two unconstitutional, and three ruling that it is "in a state of unconstitutionality" -- a term seen as a call for the Diet to address the law's inconsistency with the Constitution.

Paywall alert:

Japan high court rules same-sex marriage denial unconstitutional

Judge says ban lacks rational basis, follows similar rulings by 3 other courts

asia.nikkei.com

 

[thomas]

Today, the fifth high court, that of Osaka, ruled the same-sex marriage ban unconstitutional. The heat is on, and Japanese lawmakers face mounting pressure to amend legislation.

Photo credit: Kyodo​

The latest ruling, in line with those of the Sapporo, Tokyo, Fukuoka and Nagoya high courts, overturned the Osaka District Court's judgment that the effective ban on same-sex marriage was constitutional. The Osaka High Court said that civil law provisions that do not allow same-sex marriage violate the right to equality under the Constitution. The current provisions "cannot be justified as unavoidable, as legal disadvantages for same-sex couples are significantly large," said Presiding Judge Kumiko Honda. The court also ruled that the marriage ban violates the section of the Constitution that says laws concerning matters pertaining to marriage and family "shall be enacted from the standpoint of individual dignity and the essential equality of the sexes." Calling marriage an "important right tied to the existence of an individual's identity," the judge said the ban on marriage of same-sex couples "severely undermines" that right.

Osaka High Court rules same-sex marriage ban unconstitutional - The Mainichi

OSAKA (Kyodo) -- The Osaka High Court on Tuesday became the fifth high court in Japan to rule that the country's lack of legal recognition of same-sex

mainichi.jp

Fifth Japanese high court rules denial of same-sex marriage unconstitutional | NHK WORLD-JAPAN News

A high court in western Japan has ruled that the denial of legal recognition for same-sex marriage is unconstitutional. It is the fifth high court in the country to hand down such a decision.

www3.nhk.or.jp