Tokyo High Court Upholds Constitutionality of Same-Sex Marriage Ban
The Tokyo High Court delivered a significant ruling on Friday regarding same-sex marriage in Japan. It upheld the constitutionality of the nation’s ban on same-sex marriages. This decision marks the first time a high court has ruled in favor of the ban, despite previous judgments deeming it unconstitutional.
Background of the Ruling
This judgment is a major disappointment for LGBTQ+ advocates who are striving for equal rights alongside heterosexual couples. It also overturned a 2024 ruling from a district court, which had indicated that Japan’s legislation on same-sex marriages was effectively unconstitutional.
Legal Challenge Initiation
The case stemmed from a nationwide initiative started in 2019 by the nonprofit organization Marriage for All Japan. The campaign aimed to push for the recognition of same-sex marriages in the country.
Details of the Plaintiffs
- The case involved eight plaintiffs seeking justice, including a transgender man.
- They argued that existing laws such as the Civil Code and Family Registration Act unlawfully prevent them from marrying.
- The plaintiffs claimed that these exclusions deprived them of essential legal rights that heterosexual couples enjoy.
Claims for Damages
The plaintiffs sought damages amounting to ¥1 million, approximately $6,400, each as compensation for the discrimination they faced.
Implications of the Ruling
This ruling has sparked intense discussions and concerns within the Japanese LGBTQ+ community and its supporters. The decision highlights the ongoing struggle for equal marriage rights in Japan, reinforcing the need for continued advocacy and legal reforms.
