Japan court upholds Ban On Same-sex Marriage, In Setback For LGBTQ Rights

A court in the Japanese city of Osaka on Monday ruled that Japan’s ban on same-sex marriage was not unconstitutional, dealing a blow to LGBTQ rights activists in the only Group of Seven nation that doesn’t allow people of the same gender to marry.

Three same-sex couples — two male, one female — had filed the case with the Osaka District Court, only the second case to be heard on the issue in Japan. In addition to rejecting their claim that being unable to marry was unconstitutional, the court dismissed their claim for ¥1 million per person in damages.
The decision stands in contrast to a ruling from a court in Sapporo in March 2021 that ruled that the ban on same-sex marriage was “unconstitutional”.

It dashes activists’ hopes of raising pressure on the government to address the issue through legislation, and triggered a surge of comments on social media in the country, where public support for same-sex marriage has been increasing in opinion polls.
Opinion polls show a majority of the general public is in favour of allowing same-sex marriage in Japan.
Several areas – including Tokyo – have begun issuing partnership certificates, to help same-sex couples rent properties and gain hospital visitation rights.
The court also noted there had not been enough public debate about same-sex marriage and that “it may be possible to create a new system” recognizing the interests of same -sex couples.

“From the perspective of individual dignity, it can be said that it is necessary to realisze the benefits of same-sex couples being publicly recognized through official recognition,” the court said in its ruling.
“Public debate on what kind of system is appropriate for this has not been thoroughly carried out.”
Japan’s constitution stipulates that “marriage shall be only with the mutual consent of both sexes”.

But in recent years, local authorities across the country have made moves to recognize same-sex partnerships, although such recognition does not carry the same rights as marriage under the law.
The prefecture of Tokyo last month said it would begin recognizing same-sex partnerships from November, revising current rules.
More than a dozen couples filed suits seeking marriage equality in 2020 in district courts across Japan.