Japan rules same-sex marriage ban illegal
Supporters hold the “unconstitutional decision” flag in front of the Sapporo District Court in Sapporo, Hokkaido prefecture on Wednesday.
A Japanese court ruled on Wednesday the government’s ban on same-sex marriage is unconstitutional, recognizing the rights of same-sex couples for the first time.
Even though the court dismissed the plaintiffs’ demand for government compensation, the precedent is a major victory for same-sex couples and could affect similar lawsuits pending around the country.
The Sapporo District Court said sexuality, like race and gender, is not a matter of individual preference, therefore prohibiting same-sex couples from receiving benefits given to heterosexual couples cannot be justified.
“Legal benefits stemming from marriages should equally benefit both homosexuals and heterosexuals,” the court said.
Judge Tomoko Takebe said not allowing same-sex marriages violates Article 14 of the Constitution prohibiting discrimination “because of race, creed, sex, social status or family origin.”
Under Japanese law, marriage should be based on “the mutual consent of both sexes,” is interpreted as meaning only a man and a woman.
The ruling does not mean immediate change, but could influence other lawsuits and calls for reform.
