Same sex marriage ban is ‘unconstitutional’, says Japan court

TOKYO: In what is being considered a landmark judgment, a court in Sapporo of Japan ruled Wednesday that the government's failure to recognize same sex marriage is "unconstitutional."

 

Notably, Japan is the only Group of Seven nation not to fully recognize same-sex partnerships, though it rejected demands for damages to be paid.

 

It is the first judicial ruling on marriage equality in Japan, where the Constitution defines marriage as being based on "the mutual consent of both sexes."

 

The Sapporo District Court threw out the demand for damages by the six plaintiffs — two male couples and one female couple — who had asked that the government pay ¥1 million each due to the pain they suffered for not being able to legally marry.

 

The plaintiffs were among 13 couples who filed similar lawsuits on Valentine's Day in 2019 in Sapporo, Tokyo, Osaka and Nagoya.

 

In September of that year, the three same-sex couples filed a suit in Fukuoka in September that year, and the latest ruling may influence the outcomes there as well.

 

In Japan, homosexual sex has been legal since 1880, but social attitudes are against the union of same-sex couples.

 

In Japa, same-sex couples can't inherit their partner's assets and have no parental rights to any children their partners may have.

 

The American Chamber of Commerce last year issued a statement saying that Japan's stance on same-sex marriage makes it less competitive as it makes it difficult for companies to attract and retain highly skilled workers.