Osaka High Court Declares Japan’s Same-Sex Marriage Ban Unconstitutional

Japan’s Osaka High Court ruled the country’s same-sex marriage ban unconstitutional, marking a critical step toward equality for same-sex couples. Judge Kumiko Honda’s decision reversed a previous ruling and highlighted violations of constitutional rights, joining similar judgments from other high courts. Despite some progress, Japan remains the only G7 nation not to recognize same-sex marriage.

On March 25, 2023, Japan’s Osaka High Court ruled that the ban on same-sex marriage is unconstitutional, marking the fifth court decision in Japan to deem the ban a violation of constitutional rights. Following similar rulings from high courts in Sapporo, Tokyo, Fukuoka, and Nagoya, this ruling signifies a growing recognition of equal rights for same-sex couples in Japan.

Judge Kumiko Honda presided over the case involving three same-sex couples who sought legal action against the government for compensation of 6 million yen ($39,900). Although the judge dismissed their appeal for compensation, he overturned a previous ruling from the Osaka District Court that restricted marriage to heterosexual couples under Japan’s Civil Code and Family Register Act.

Judge Honda’s ruling emphasized that the same-sex marriage ban violates Article 14 of the Constitution, which guarantees equality under the law without discrimination based on sex, and Article 24, which ensures individual dignity and equality in familial laws. The court argued that the focus on procreation was inadequate, as not all heterosexual couples have children.

Japan stands alone among the International Group of Seven (G7) nations by failing to recognize same-sex marriage, despite encouragement from other G7 countries to combat discrimination and enhance protections for sexual and gender minorities. Some local jurisdictions have issued “partnership certificates” for same-sex couples, but these lack the full legal rights afforded to married couples, such as inheritance and parental recognition.

The plaintiffs asserted, “What should be questioned is the rationality in excluding same-sex couples from the marriage system. Legalizing gay marriage would make more people happy, while it would make no one unhappy”, underscoring the desire for equality and recognition in marital rights for all couples.

The Osaka High Court’s ruling declaring Japan’s same-sex marriage ban unconstitutional reflects an important legal shift toward recognizing equal rights for same-sex couples. This decision aligns with growing judicial support across Japan, challenging societal norms and governmental policies that have long excluded same-sex relationships from the marriage framework. Continued advocacy and legal reforms are essential for advancing equality for all individuals in Japan.

Original Source: www.upi.com