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Tokyo Court Upholds Same-Sex Marriage Ban as Constitutional

A Tokyo court has ruled that Japan's ban on same-sex marriage is constitutional, igniting disappointment among LGBTQ advocates and adding complexity to the ongoing struggle for marriage equality in Japan.

Source: bbc.co.uk1 min read
Tokyo Court Upholds Same-Sex Marriage Ban as Constitutional
Image via bbc.co.uk

In brief

In a controversial ruling, a Tokyo court has declared Japan's prohibition on same-sex marriage to be constitutional, a decision that has sparked outrage among plaintiffs and advocates for LGBTQ rights. This follows a trend of legal challenges that had previously suggested a shift towards equality, with other courts finding the ban unconstitutional. As Japan remains the only G7 nation without comprehensive legal recognition for same-sex couples, this ruling has significant implications for the future of marriage rights in the country.

A Japanese court has ruled the country's ban on same-sex marriage as constitutional - bucking a trend set by courts around the country that had raised hopes for marriage equality in Japan.

The ruling was met with disappointment from plaintiffs and their legal team who had gathered outside the Tokyo courthouse.

Japan is the only G7 country that does not fully recognise same-sex couples or offer them clear legal protection. But it's not an outlier in Asia, where only Taiwan, Thailand and Nepal offer same-sex marriages.

Ayumi Higashi, the judge who delivered the verdict, said laws on same-sex marriage should first be deliberated in parliament, as reported by the Mainichi.

Outside the Tokyo courthouse, the plaintiffs of the lawsuit and their legal team held up signs that read unjust verdict, local media reported. Shino Kawachi, one of the plaintiffs, shared her feelings of disbelief: What is justice? Was the court even watching us? Were they considering the next generation?

Her partner, Hiromi Hatogai, expressed her outrage and questioned whether the judiciary was supportive of their cause, but remained determined to continue the fight.

Amnesty International condemned the ruling as a damaging step backwards on same-sex marriage, emphasizing the need for the Japanese government to actively push for the legalization of same-sex marriage to ensure equal marriage rights for all couples.

This ruling marks the latest development in what has been a series of high-profile cases regarding same-sex marriage, with five out of six recent court rulings declaring the ban unconstitutional, though they rejected plaintiffs' compensation claims. This decision represents a significant deviation from the earlier rulings, complicating the legal landscape for LGBTQ rights in Japan.

The cases will now proceed to the Supreme Court for further deliberation.

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