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A Japanese court ruled that a ban on same-sex marriage was not unconstitutional. The decision comes as a setback to LGBTQ rights activists in the only Group of Seven nation that does not allow people of the same gender to marry.
The ruling washes away activists’ hopes of raising pressure on the central government; to address the issue after a court in the city of Sapporo in March 2021 decided to favor a claim that not allowing same-sex marriage was unconstitutional. Three same-sex couples – two male, one female – had filed the case in a district court in Osaka. It was only the second to be heard on the issue in Japan.
Observations of the court
In addition to rejecting their claim that makes it unconstitutional to marry the person having the same gender; shockingly, the court threw out their demand for 1 million yen ($7,400) in damages for each couple. “I actually wonder if the legal system in this country is really working,” said plaintiff Machi Sakata, who married her U.S.-citizen partner in the United States. The two are expecting a baby in August. “I think there’s the possibility this ruling may really corner us,” Sakata said.
Japan’s constitution defines marriage as being based on “the mutual consent of both sexes”. But the introduction of partnership rights for same-sex couples in Tokyo the previous week, along with rising support in opinion polls, had raised the hopes of activists and lawyers for the Osaka case. The Osaka court said that marriage was defined as being only between opposite genders; Notably, enough debate on same-sex marriage had taken place in Japanese society.
Japanese law is considered somehow liberal in some areas by Asian standards. However, across the continent, only Taiwan has legalized same-sex marriage. Activists say that legalizing same-sex marriage would have far-reaching implications both socially and economically. Moreover, it would help attract foreign firms to the world’s third-biggest economy.