Osaka Court Declares Same-Sex Marriage Ban Unconstitutional in Japan

The Osaka High Court ruled Japan’s same-sex marriage ban unconstitutional, following similar rulings from four other high courts. The decision emphasizes violations of equality under Japanese law. Although local governments recognize some same-sex partnerships, comprehensive legal rights are still lacking. Japan is the only G7 country not to legally recognize same-sex marriages.

On Tuesday, the Osaka High Court ruled that Japan’s prohibition of same-sex marriage is unconstitutional, marking a significant moment in LGBTQ rights within the country. The court is the fifth to reach this conclusion, following similar decisions by high courts in Sapporo, Tokyo, Fukuoka, and Nagoya. While the court upheld the Osaka District Court’s decision against awarding damages to plaintiffs, it stated that the existing Civil Code and Family Register Act infringe upon equality rights as guaranteed by Article 14 of the Japanese Constitution.

Presiding Judge Kumiko Honda emphasized that the marriage ban also violates Article 24, which mandates that laws pertaining to marriage and family respect individual dignity and essential gender equality. This ruling stems from a 2019 lawsuit filed by three same-sex couples, who had sought 1 million yen (approximately $7,400) each in damages while challenging the constitutional legitimacy of same-sex marriage prohibition. This came after the Osaka District Court previously asserted that marriage was exclusively for heterosexual unions.

Japan stands as the only G7 nation that does not recognize same-sex marriage. Human Rights Watch has urged Japan to align with its peers by instituting laws that support same-sex marriage, curb discrimination, and protect the rights of sexual and gender minorities. In the lead-up to the G7 summit in May 2023, LGBTQ advocacy groups intensified calls for legal recognition of same-sex marriage. While public support within Japan grows and the Diet has passed legislation promoting understanding of sexual diversity, concrete protections for LGBTQ individuals remain limited.

Amnesty International has highlighted the lack of comprehensive protections for sexual and gender minorities in Japan. Currently, while local governments issue partnership certificates that provide some rights to same-sex couples, these do not extend to areas like inheritance, hospital visitation, or recognition as parents.

The Osaka High Court’s decision marks a pivotal development in Japan’s approach to same-sex marriage, highlighting constitutional violations related to equality and dignity. Despite the ruling, substantial legal protection for LGBTQ rights remains inadequate in Japan. Evolving public sentiment and legislative initiatives suggest potential progress toward recognizing same-sex marriage in the future.

Original Source: www.jurist.org