Japan court once again defends homosexual unions – Observer

A court in Japan ruled on Wednesday that the country’s failure to recognize same-sex marriage is unconstitutional, in the latest court ruling in favor of homosexual couples.

The Tokyo High Court’s ruling came in response to a complaint filed by seven people, including same-sex couples.

The plaintiffs argued that not allowing these unions violates the right to equality enshrined in the Japanese Constitution and the guarantee of freedom of marriage.

The plaintiffs demanded compensation from the Japanese government worth one million yen (about six thousand euros) each.

Despite agreeing that the lack of legal recognition of same-sex marriage in the country is unconstitutional, the court denied compensation to the plaintiffs, as had already happened with the Tokyo District Court in 2022.

In November 2022, this lower court ruled that the ban on same-sex marriage was in a “state of unconstitutionality” and urged the high court to declare it unconstitutional.

At the time, the decision was seen as a call to Japan’s parliament to take steps to change the law and recognize homosexual unions.

The legal battle over gay marriage is being fought based on two articles of Japan’s Constitution.

The plaintiffs base their complaints on an article, which stipulates equality before the law and non-discrimination in political, economic or social relations based on race, creed, sex, social status or origin.

The government maintains that the Constitution does not recognize same-sex marriage and, therefore, its position continues to be constitutionalas one article defines marriage as being “based solely on the mutual consent of both sexes.”

Between 2021 and 2024, almost a dozen first instance decisions were handed down on the subject, most of them pointing out that the lack of recognition in homosexual unions is unconstitutional or violates the rights included in the Constitution.

Already this year, the High Court of Sapporo (north) said that the lack of legal recognition of same-sex marriage in the country is unconstitutional, maintaining the decision of a lower court in 2021.

Neither court agreed, however, to provide financial compensation for the plaintiffs’ damages.

Japan remains the only country in the G7, the group of seven most developed countries in the world, that has not legalized same-sex marriage or civil unions, despite growing pressure from the LGBT community in the Asian country.

In late September, Thailand became the third state in Asia to recognize same-sex marriage, along with Nepal and Taiwan.

King of Thailand promulgates same-sex marriage