Denying same-sex marriage is unconstitutional: Japanese HC
Tokyo: A Japanese high court ruled Thursday that denying same-sex marriage is unconstitutional and called for urgent government action to address the
lack of any law allowing for such unions. Plaintiffs and the LGBTQ+ community in Japan 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. Government 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.
The Sapporo High Court 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.