The Osaka High Court found Japan’s same-sex marriage ban unconstitutional, overturning a lower court’s ruling. The case involved three couples seeking damages, highlighting legal and societal challenges for LGBTQ rights in Japan. Despite a significant ruling, compensation claims were dismissed, emphasizing ongoing debates about marriage equality.
On March 25, the Osaka High Court, presided over by Judge Kumiko Honda, ruled in favor of plaintiffs advocating for LGBTQ rights, declaring Japan’s same-sex marriage ban unconstitutional. The case involved three same-sex couples from Kyoto and Kagawa who sought a total of 6 million yen ($39,900) in damages from the government.
This ruling overturned a previous decision made by the Osaka District Court, which upheld legal provisions restricting marriage to heterosexual couples. However, the high court dismissed the plaintiffs’ claims for compensation. This landmark ruling is particularly noteworthy as it represents the first instance of a high court overturning lower court decisions in similar cases across Japan.
Prior rulings from high courts in Sapporo, Tokyo, Fukuoka, and Nagoya condemned the ban as well. The Osaka District Court contended that while the ban may become unconstitutional in the future, limiting marriage to heterosexual couples serves to protect family units that raise children, thereby justifying its current legal standing.
The district court also mentioned partnership systems designed to help reduce inequalities faced by LGBTQ individuals. However, plaintiffs contended that such systems are inadequate and perpetuate discrimination, asserting, “What should be questioned is the rationality in excluding same-sex couples from the marriage system.”
Furthermore, the plaintiffs emphasized that legalizing gay marriage would foster happiness without negatively affecting anyone, challenging the rationale behind the ban and advocating for a reassessment of the country’s marriage laws.
The Osaka High Court’s ruling marks a significant step towards LGBTQ rights in Japan by declaring the same-sex marriage ban unconstitutional. Despite the dismissal of compensation claims, the decision distinguishes itself as the first to reverse a district court’s ruling. The ongoing debate underscores the need for societal progress and legal reform regarding marriage equality, highlighting the inadequacies of current systems that marginalize LGBTQ individuals.
Original Source: www.asahi.com
