Japan court rules same-sex marriage ban unconstitutional in ‘huge step forward’
"We are moving closer to making our dream come true"
Words: Jamie Tabberer; picture: Tokyo, capital of Japan (Pexels)
A district court in the city of Sapporo, Japan has ruled that the country’s failure to recognise same-sex marriage is unconstitutional.
The case is one of many brought to Japanese district courts by same-sex couples seeking damages for mental suffering. The three couples – two couples of women and one of men – in the Sapporo case claimed lack of legal recognition of their unions cut them off from services and benefits.
Japan’s constitution defines marriage as a ‘mutual consent between both sexes’.
Wednesday’s ruling is seen as a victory for LGBTQ activists, with one of the original plaintiffs Ai Nakajima telling the BBC it was a “huge step forward.”
“Making our dream come true”
Nakajima also told the outlet: “We are moving closer to making our dream come true.”
According to the NYT, the court wrote that laws and regulations depriving same-sex couples the legal benefits of marriage constituted “discriminatory treatment without a rational basis.”
Despite the ruling, the Sapporo court declined a compensation claim of one million yen (£6,480) per person for the denial of equal rights to mixed sex couples.
It is likely the ruling will influence other similar cases around Japan – which will take place later this year – but marriage equality would only come into effect in Japan if Parliament passed legislation.
Makiko Terahara, a director of the Marriage for All Japan nonprofit organization and campaign, told NYT that pressures on Parliament “to amend the law to allow same-sex marriage as soon as possible” will be increased.
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