The Osaka High Court ruled Japan’s ban on same-sex marriage unconstitutional, marking the fifth such decision. Judge Kumiko Honda emphasized violations of constitutional equality rights. The ruling reflects increasing advocacy for the recognition of same-sex marriage in Japan, amidst pressures from other G7 countries for discrimination reforms.
On March 25, Japan’s Osaka High Court declared the country’s ban on same-sex marriage unconstitutional. This ruling marks the fifth such decision following similar findings by the high courts in Sapporo, Tokyo, Fukuoka, and Nagoya. Presiding Judge Kumiko Honda ruled in favor of three same-sex couples who sought compensation from the government, although their request for damages was ultimately dismissed.
Judge Honda overturned a prior decision from the Osaka District Court, which had confined marriage to heterosexual couples according to the Civil Code and Family Register Act. In his ruling, Judge Honda emphasized that the ban on same-sex marriage infringes upon the right to equality as stipulated in Article 14 of the Japanese Constitution, which mandates no discrimination in political, economic, or social relations.
Moreover, the court determined that the ban contravenes Article 24, which emphasizes laws regarding family should uphold individual dignity and equality between sexes. The Osaka District Court had previously rationalized its decision by prioritizing traditional family structures capable of procreation, despite the plaintiffs pointing out that many heterosexual couples do not intend to have children.
As the only member of the International Group of Seven (G7) that does not recognize same-sex marriage, Japan faces increasing pressure from fellow G7 nations to address discrimination and protect the rights of sexual and gender minorities. While some local governments have issued partnership certificates to same-sex couples, these certificates do not offer the same legal benefits as marriage, such as spousal visits and inheritance rights.
The plaintiffs articulated, “What should be questioned is the rationality in excluding same-sex couples from the marriage system. Legalizing gay marriage would make more people happy, while it would make no one unhappy.” This sentiment underscores the growing demand for equal marriage rights in Japan, advocating for inclusivity and acknowledgment of diverse family structures.
The Osaka High Court’s ruling against the same-sex marriage ban highlights a significant judicial shift towards recognizing equality and inclusivity in Japan. As similar rulings from other high courts reinforce this legal stance, the pressure mounts for broader legislative reforms to address the rights of sexual and gender minorities. The growing advocacy for same-sex marriage reflects a desire for societal acceptance and legal recognition, challenging outdated perceptions of marriage and family.
Original Source: www.upi.com
