Japan: In major blow to LGBTQ rights, court rules same-sex marriage ban is not unconstitutional

In a setback for activists after a landmark verdict last year found the opposite, a Japanese court ruled on Monday that the country's failure to recognise same-sex marriage is constitutional.

The case had been filed in the Osaka district court by three same-sex couples and demanded 1 million yen ($7,400) in damages.

Rejecting their claim that being unable to marry was unconstitutional, the court ruling said that "From the perspective of individual dignity, it can be said that it is necessary to realise the benefits of same-sex couples being publicly recognised through official recognition."

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In March 2021, a Sapporo court decided in favour of a claim that the government's failure to allow same-sex marriage violated the constitution's provision guaranteeing equality under the law.

Ever since that ruling Japanese activists were hopeful of raising pressure on the government to address the issue but they have been dashed by the current verdict.

According to the Japanese constitution, marriage is defined on the basis of "the mutual consent of both sexes".

Only Taiwan has legalised same-sex marriage in Asia even though Japanese law is considered relatively liberal in some areas by the continent's standard.

Gay couples in Japan do not have full legal rights enjoyed by heterosexual couples such as legally marrying each other, inheriting each other's assets, or sharing parental rights over each other's children.

After the Tokyo prefectural government passed a bill to recognise same-sex partnership agreements, partnership certificates issued by some municipalities helped same-sex couples to rent a place together and have hospital visitation rights.

Ruling Liberal Democratic Party (LDP) has disclosed no plans to review the matter or propose legislation even though Prime Minister Fumio Kishida has said the issue needs to be carefully considered.

(With inputs from agencies)

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