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Tokyo Court Declares Japan's Same-Sex Marriage Ban Constitutional

In a landmark ruling, a Tokyo court has upheld Japan's ban on same-sex marriage, leaving LGBTQ+ activists disappointed and sparking calls for change. This ruling comes as Japan remains the only G7 nation without full mutual recognition for same-sex couples.

Source: bbc.co.uk1 min read
Tokyo Court Declares Japan's Same-Sex Marriage Ban Constitutional
Image via bbc.co.uk

In brief

In a surprising decision, a Tokyo court has ruled that the ban on same-sex marriage in Japan is constitutional, contrary to recent trends that favored LGBTQ+ rights. Activists gathered outside the courthouse expressed disappointment, questioning the court's commitment to equality. The case highlights Japan's position as the only G7 country not recognizing same-sex unions, as activists pledge to continue their fight for marriage equality. The Supreme Court may now be the next stop for these long-awaited rights.

A Japanese court has ruled the country's ban on same-sex marriage as constitutional - bucking a trend set by courts around the country that had raised hopes for marriage equality in Japan.

The ruling was met with disappointment from plaintiffs and their legal team who had gathered outside the Tokyo courthouse.

Japan is the only G7 country that does not fully recognise same-sex couples or offer them clear legal protection. But it's not an outlier in Asia, where only Taiwan, Thailand and Nepal offer same-sex marriages.

Ayumi Higashi, the judge who delivered the verdict, said laws on same-sex marriage should first be deliberated in parliament, the newspaper Mainichi reported.

Outside the Tokyo courthouse on Friday, the plaintiffs of the lawsuit and their legal team held up signs that read 'unjust verdict', local media reported.

Shino Kawachi, one of the plaintiffs, told local media that the ruling was 'difficult to comprehend'.

'What is justice? Was the court even watching us? Were they considering the next generation?' she told local media.

Her partner, Hiromi Hatogai, said she was 'extremely outraged' and wondered if the judiciary was 'on our side'. But, she added, they would 'keep fighting'.

Amnesty International described the ruling as a 'damaging step backwards on same-sex marriage'.

The verdict on Friday is the last among six high court rulings on same-sex marriage lawsuits filed between 2019 and 2021, in courts across the country from Sapporo to Osaka to Fukuoka.

The cases will next be taken to the Supreme Court.

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