Osaka High Court Declares Same-Sex Marriage Ban Unconstitutional

The Osaka High Court ruled Japan’s same-sex marriage ban unconstitutional on March 25, overturning a prior district court decision. The ruling comes from a lawsuit filed by three same-sex couples seeking compensation. This marks the first instance of a high court overriding a district court ruling among similar lawsuits in Japan. The decision highlights ongoing legal and societal discussions regarding marriage equity.

On March 25, the Osaka High Court ruled that Japan’s same-sex marriage ban is unconstitutional, siding with LGBT plaintiffs led by presiding Judge Kumiko Honda. The ruling reverses a prior decision made by the Osaka District Court regarding provisions in the Civil Law and Family Register Law that restrict marriage to heterosexual couples. Moreover, the court dismissed the plaintiffs’ appeal for monetary compensation, which amounted to 6 million yen ($39,900).
This ruling is notable as it marks the only instance of a high court overturning a district court’s decision among six similar lawsuits filed across five district courts. Previous rulings made by high courts in Sapporo, Tokyo, Fukuoka, and Nagoya have condemned the marriage ban, although they were not as definitive in reversing district court rulings.
The Osaka District Court had previously ruled that the provisions limiting marriage to heterosexual couples could potentially become unconstitutional in the future but deemed the current limitations reasonable. The court argued this restriction aimed to protect relationships that involve procreation and child-rearing, highlighting existing partnership systems that municipalities may employ to address disparities faced by sexual minorities.
In their appeal, plaintiffs contested the district court’s ruling, pointing out the existence of heterosexual couples without children. They argued that municipal partnership systems are insufficient and continue to discriminate against sexual minorities. They emphasized the need to question the rationale behind excluding same-sex couples from the marriage institution, asserting that legalizing gay marriage would increase overall happiness without causing detriment to anyone.

The Osaka High Court’s verdict against Japan’s same-sex marriage ban represents a significant legal milestone for LGBT rights in the country. While the court’s ruling reverses a previous district court decision, it also highlights ongoing debates about the rationale for marriage exclusion. The plaintiffs’ arguments emphasize the need for equality and the positive societal impact of legalizing same-sex marriage.

Original Source: www.asahi.com