Japan High Court rules same-sex marriage ban 'unconstitutional'
PTC News Desk: In a landmark decision, the Japanese High Court ruled that the country's lack of legal recognition for same-sex marriage is "unconstitutional," according to the Japan Times.
The move will likely increase pressure on the Japanese government to do more to protect sexual minorities.
The Sapporo High Court upheld the lower court's landmark 2021 ruling that non-recognition of same-sex marriage violates the right to equality guaranteed by the Constitution, however rejected a total of 6 million yen (USD 40,600) in damages sought by three same-sex couples in Hokkaido against the state for emotional distress.
The ruling, the first by a high court in six lawsuits filed in five district courts challenging the government's refusal to allow same-sex marriage, stated that the government's denial not only violates Article 14 on the right to equality but also Article 24, which states that marriage must be solely by mutual consent of "both sexes."
For the first time, the court stated that Article 24 can be interpreted as guaranteeing marriage between individuals of the same sex, according to the Japan Times.
However, in the lawsuit, the Japanese government claimed that the Constitution presumes marriage is "only between heterosexual couples."
The court rejected the plaintiffs' damages claims, stating, "It cannot be said that discussions at the Diet...regarding provisions not allowing same-sex marriage are clearly in violation of the Constitution."
Notably, Japan remains the only major industrialised country in the Group of Seven (G7) that has not legalised same-sex marriage or civil unions, despite increasing pressure from the LGBT community and its supporters.
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