Tokyo, Nov 29 (V7N) - The Tokyo High Court on Friday ruled that Japan’s refusal to recognize same-sex marriages is constitutional, marking the first and only high court decision to uphold this stance after five other high court rulings deemed it unconstitutional.
The ruling overturned a 2024 district court decision that had described the lack of legal recognition for same-sex marriages as being in a “state of unconstitutionality,” a legal phrasing just short of declaring it unconstitutional. The verdict is seen as a significant setback for LGBTQ+ advocates seeking marriage equality in Japan.
The case stems from a nationwide campaign launched in 2019 by the nonprofit organization Marriage for All Japan. Eight plaintiffs, including a transgender man, filed the lawsuit in Tokyo, arguing that Japan’s Civil Code and Family Registration Act unlawfully deny same-sex couples the right to marry and withhold the legal protections available to heterosexual couples. Each plaintiff sought ¥1 million (approximately $6,400) in damages.
Supporters of marriage equality expressed disappointment, noting that while public opinion in Japan has increasingly favored legal recognition of same-sex marriages, legislative changes have lagged behind. Legal experts suggest the ruling may prompt further appeals and continued nationwide debate over LGBTQ+ rights in Japan.
Government officials have so far indicated that they will respect the court’s ruling while noting that changes to Japan’s Civil Code require parliamentary action. The case highlights ongoing tensions between societal progress, legal frameworks, and constitutional interpretation in Japan.
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