Japan’s Second High Court ruled Wednesday that the government’s policy on same-sex marriage is unconstitutional, the latest in a series of rulings upholding plaintiffs’ demands for marriage equality.
The Tokyo High Court has ruled that the ongoing ban is “baseless legal discrimination based on sexual orientation” and violates the constitutional rights to equality, personal dignity and equality between men and women. He said that This was a clearer statement than a 2022 lower court ruling that described the situation as an “unconstitutional situation.”
A Sapporo High Court ruling in March said denying same-sex couples the ability to marry and enjoy the same benefits as heterosexual couples violates fundamental rights to equality and freedom of marriage. Wednesday’s ruling was the seventh overall to find the current ban unconstitutional or near-unconstitutional, and the only one in which a district court found it constitutional. This judgment can still be appealed to the Supreme Court.
Chief Cabinet Secretary Yoshimasa Hayashi said Wednesday’s ruling has not yet been finalized and the government will continue to closely monitor other pending cases.
Still, the winning streak has raised expectations among the LGBTQ community.
03:01
Tokyo issues same-sex “partnership certificate” amid cheers from LGBTQ community
Tokyo issues same-sex “partnership certificate” amid cheers from LGBTQ community
On Wednesday, the plaintiffs cheered outside the courtroom and supporters held banners with messages such as “More progress towards marriage equality!” “We can’t wait for the law to be amended!”
