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Second High Court rules Japan’s ban on same-sex marriage unconstitutional
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Second High Court rules Japan’s ban on same-sex marriage unconstitutional

TOKYO – One second Japanese The High Court ruled Wednesday that the government’s policy against same-sex marriage was unconstitutional, the latest in a series of rulings upholding the plaintiffs. demands for marriage equality.

The Tokyo High Court called the current ban “baseless legal discrimination based on sexual orientation”, saying it violates the constitutional guarantee of the right to equality, as well as the dignity of individuals and the gender equality. This was a clearer statement than a lower court’s 2022 ruling that called the situation “unconstitutional.”

THE Sapporo High Court decision in March said that not allowing same-sex couples to marry and enjoy the same benefits as heterosexual couples violates their fundamental right to equality and freedom of marriage. Wednesday’s ruling is the seventh overall to find the current ban unconstitutional or nearly unconstitutional, compared to a single district court ruling that found it constitutional. Decisions can still be appealed to the Supreme Court.

Chief Cabinet Secretary Yoshimasa Hayashi said Wednesday’s ruling had not been finalized and his government would continue to monitor other ongoing court cases.

Still, this winning streak has raised hopes among LGBTQ+ community.

The plaintiffs cheered in court Wednesday, while their supporters held banners bearing messages such as “More progress toward marriage equality!” » and “No more waiting for a legal review!”

Their main obstacle, the ruling coalition of the conservative Japanese Liberal Democratic Party, lost the parliamentary majority in Sunday’s elections and is compromises will probably have to be made on more liberal policies pushed by opposition parties, such as marriage equality, which are widely supported by the general public.

Japan is the sole member of the Group of Seven industrialized countries which does not recognize same-sex marriage or provide any other form of legally binding protection for LGBTQ+ couples.

Six marriage equality lawsuits have been filed in five regions of Japan since 2019. LGBTQ+ activists and their supporters stepped up their efforts, and in 2023 the government passed a non-legally binding law that declares that discrimination is unacceptable.

Hundreds of municipalities have issued partnership certificates as a workaround for same-sex couples to reduce their barriers to renting apartments and facing other forms of discrimination, but this does not offer the same legal advantage as heterosexual couples, according to Wednesday’s decision.

The court, however, rejected the seven plaintiffs’ request that the government pay them 1 million yen (about $6,500) each in compensation for damages suffered under the current system that does not recognize them as legally married.

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