Legal Sapporo High Court: same-sex marriage ban is unconstitutional

[thomas]

Yesterday, the Sapporo High Court declared that denying same-sex marriage is unconstitutional. It urged the government to take immediate action to address the absence of any legislation permitting such unions. Plaintiffs and the LGBTQ+ community in Japan welcomed this ruling as a beacon of hope for progress toward equality. However, it's important to note that the court lacks the authority to overturn the existing marriage law, which currently defines marriage as exclusively between a man and a woman. Unless this law is revised to include LGBTQ+ couples or a new law is enacted to recognize other forms of unions, government offices may continue to deny marriage status to same-sex couples.

The Sapporo High Court ruling said 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 recognized 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 government says defines marriage as between a man and a woman.

Japan is the only member of the Group of Seven nations that still excludes same-sex couples from the right to marry and receive spousal benefits legally.

A Japanese court says denying same-sex marriage is unconstitutional and calls for urgent change

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.

apnews.com

https://www.reuters.com/world/asia-pacific/japan-high-court-says-not-allowing-same-sex-marriage-is-unconstitutional-media-2024-03-14/