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Ban on same-sex marriage unconstitutional, Japanese High Court rules

The Japanese court said that it expected the Parliament to "institutionalise an appropriate same-sex marriage law" at some point

Gay, LGBTQ

The plaintiffs are now considering appealing to the Supreme Court to clarify the unconstitutionality of existing law. (Photo: Wiki)

Nisha Anand New Delhi

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A Japanese High Court on Thursday ruled that the country's ban on same-sex marriages is unconstitutional, the first such ruling by an appeals court on the matter.

The Sapporo High Court in Japan ruled that the country's civil code rules that limit marriage to those of opposite sexes are "unconstitutional" and "discriminatory." However, the court dismissed the plaintiffs' claim for damages from the government.

Notably, Japan is the only country in the Group of Seven advanced economies without laws protecting same-sex marriage couples. Prime Minister Fumio Kishida's conservative Liberal Democratic Party strongly objects to this despite strong support from the majority public.
 

What did Japan HC say in its ruling?

"Enacting same-sex marriage does not seem to cause disadvantages or harmful effects," the court said.

The Sapporo court said in its ruling said it was "strongly expected" that Parliament would at some point "institutionalise an appropriate same-sex marriage law."

Following the ruling, the plaintiffs are now considering appealing to the Supreme Court to clarify the unconstitutionality of existing law.

Meanwhile, the Kishida government spokesperson, Yoshimasa Hayashi, said that they will keep an eye on other upcoming court decisions on the matter.

India's verdict on same-sex marriages


There has been an increasing wave of support in favour of same-sex marriages around the world. In Asia, Taiwan has been the sole nation that has legally recognised same-sex couples since 2019.

The ruling from the Sapporo court echoed India's verdict on legalising same-sex marriages, delivered by the top court in October last year. On October 17, a constitution bench led by Chief Justice of India Dhananjaya Y Chandrachud had refused to legalise same-sex marriage, holding that the decision falls within the ambit of the Parliament. The court, however, noted that queer couples have the right to cohabit without fearing violence.

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First Published: Mar 14 2024 | 6:40 PM IST

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