Tokyo High Court rules that the ban on same-sex marriage is constitutional
Stockholm, 28 November (Hibya) – A Japanese court ruled on Friday that the country’s ban on same-sex marriage is constitutional, becoming the only high court among six similar cases nationwide to support the government’s position.
According to Mainichi newspaper, the Tokyo High Court concluded that the current civil code provisions prohibiting same-sex marriage remain "reasonable" under existing circumstances. This ruling contradicts five previous high court decisions in Sapporo, Tokyo, Nagoya, Osaka and Fukuoka, all of which found that the lack of legal recognition for same-sex marriage violates the Constitution. However, all of those decisions rejected compensation claims.
Presiding Judge Ayumi Higashi, who delivered the ruling in the sixth and final case challenging the ban, stated that provisions related to same-sex marriage “must first be thoroughly discussed in parliament.”
The Supreme Court of Japan is expected to issue a unified ruling no earlier than next year.
In the most recent case, eight plaintiffs in their 40s to 60s each sought 1 million yen (6,400 USD) in damages, arguing that the ban violates their constitutional rights to equality and freedom of marriage.
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