Tokyo court upholds gay marriage ban, but says same-sex partners face "unconstitutional situation"
Marriage equality Japan
A Japanese court has ruled that the country's decades-old constitution's definition of marriage as something based on "the mutual consent of both sexes" is legal.The Tokyo court, however, added that the country's failure to legally protect same-sex partners creates an "unconstitutional situation".
"The current lack of legal framework that allows same-sex partners to become family is a serious threat and obstacle" to individual dignity and "this creates an unconstitutional situation with regards to clause two of article 24," said the court in its ruling.
Watch |Blow to LGBTQ rights: Japan rules same-sex marriage ban constitutional
In March of last year, a court in Sapporo made a similar ruling, while an Osaka court ruling from June of this year deemed that a ban on same-sex marriage was constitutional.
Japan remains the only country in the G7 group of nations that does not allow same-sex marriage.
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The ruling comes in a case in which eight people (four same-sex couples) had demanded one million yen ($7,208) each in damages.
Even though their demand for damages was rejected, the group hailed the ruling as "a big step forwards".
Chizuka Oe, one of the plaintiffs, as per Reuters, said "There was progress" adding that even though the "judiciary delegated it to the legislature, I hope that the legislature will actively deliberate about it (same-sex marriage)".
Talking to AFP, another person said that the ruling "went as far as to criticise the lack of a legal system that allows same-sex couples to become family."
"But an 'unconstitutional situation' is more nuanced than an outright declaration of unconstitutionality, which is a bit disappointing," they added.
In recent years, Japan which is a country deeply rooted in traditional values has taken small steps towards embracing sexual diversity. Early last month, the country's capital Japan even started issuing partnership certificates to LGBTQ couples. While these certificates do not confer the same legal rights as marriage, it is still a welcome development for couples who previously lacked official documentation of their relationship.
(With inputs from agencies)
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