In a significant judicial development, the Tokyo High Court has ruled that Japan’s prohibition on same-sex marriage is both discriminatory and unconstitutional. This ruling involves a legal battle initiated by a same-sex couple from Tokyo who had registered as partners and sought recompense from the government. They argued that the non-recognition of same-sex marriage was a direct violation of the Japanese Constitution.
Presiding Judge Taniguchi Sonoe has articulated that forming a legally recognized marital relationship is essential for same-sex individuals, providing valuable social security comparable to that of heterosexual marital relationships. The court explored the “freedom of marriage,” as mentioned under Article 24 of the Constitution, scrutinizing the language regarding “both sexes” and “husband and wife” to reaffirm that these phrases do not exclude same-sex couples from legal protection.
Further examination of the Civil Code, alongside other pertinent laws, led the court to determine that a denial of marriage rights to same-sex couples infringes upon the constitutional principles of equality before the law and gender equality. This recent decision echoes a previous landmark ruling in 2021. In is also consistent with the Sapporo High Court’s March 2024 decision, marking the first instance of a High Court in Japan explicitly declaring the ban unconstitutional.
In response to the ruling, advocacy groups such as “Freedom of Marriage for All” urge the National Diet to establish legislative measures securing same-sex marriage rights promptly. Amnesty International’s East Asia Researcher, Boram Jang, has commended the high court’s decision, underlining its importance as a step toward marriage equality and the necessity for comprehensive national legislation to safeguard equal rights for all couples in Japan.
For further details, refer to the original article at JURIST-News.