Japan’s top court once again upholds same-sex unions – Observer

A high court in Japan ruled this Friday that the non-recognition of same-sex marriage in the country is unconstitutional, in the most recent court decision in favor of homosexual couples.

The Fukuoka High Court (south) became the third instance of its kind to criticize the ban defended by the government, although it upheld the lower court’s decision and rejected the plaintiffs’ compensation claim.

This Friday’s decision came in response to an appeal filed by three same-sex couples living in the southern prefectures of Fukuoka and Kumamoto, who They claimed that not allowing these unions violates the right to equality enshrined in the Japanese Constitution and the guarantee of freedom of marriage.

The appeal was filed after, in 2023, a lower court ruled that the ban on same-sex marriage was in a “state of unconstitutionality”.

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.

Already this year, two other high courts, in Tokyo and Sapporo (north) said that the lack of legal recognition of same-sex marriage in the country is unconstitutional.

Japan court once again defends homosexual unions

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

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

The couples base their complaints on an article that 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 constitutional, since an article defines marriage as being “based solely on the mutual consent of both sexes.”

Since 2021, almost a dozen first instance decisions have been handed down on the matter, most of them pointing out that the lack of recognition in homosexual unions is unconstitutional or violates the rights included in the Constitution.

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