Tokyo High Court rules that denying same-sex marriage is unconstitutional

 

 

The Tokyo High Court ruled on October 30 that the denial of same-sex marriage recognition violates the Constitution in one of a series of lawsuits filed by same-sex couples across Japan.  

This lawsuit involves seven individuals, including same-sex couples living in Tokyo and other areas, who are seeking damages from the government, arguing that the current provisions of the Civil Code, which do not recognize same-sex marriage, violates the Constitution.  

In its ruling, the Tokyo High Court noted that it can be said that the level of social acceptance toward giving same-sex relationships the same protection as marriages between men and women has increased to a considerable degree. 

The court said that the current provisions of the Civil Code and other laws that do not recognize same-sex marriage violate the Constitution, as there is no rational basis for maintaining a state in which there is a distinction in receiving important legal benefits due to the attribute of sexual orientation, which cannot be chosen or changed of one's own will. 

But the court dismissed the claims for compensation from the national government.  

S/ Katsu, Plaintiff: I felt both hope and anxiety about how the ruling would turn out, but I’m truly happy that what we’ve been saying got through to the court.  

This is the second time that a Japanese high court has ruled that a ban on same-sex marriage violates the Constitution, following the Sapporo High Court's decision in March this year.  

Future decisions in the ongoing lawsuits across the country will also be closely watched.