2 years ago
A district court in Osaka has declared that Japan's prohibition on same-sex weddings does not violate the constitution.
After another district court in Sapporo determined in 2021 that the inability to recognise same-sex marriage was "unconstitutional," the verdict struck a blow to homosexual couples and rights advocates.
Marriage is defined in Japan's constitution as a union of "two sexes."
It is the only country in the G7 group of wealthy countries that prohibits the marriage of persons of the same gender.
According to surveys, the overall people in Japan is in favour of permitting same-sex marriage.
Several cities, including Tokyo, have started issuing partnership certificates to make it easier for same-sex couples to rent apartments and visit hospitals.
Three same-sex couples, two male and one female, brought the complaint in Osaka. The case is just the second of its sort in the country, which still has traditional views on homosexuality.
In addition to dismissing their allegation that not being able to marry was unconstitutional, the court also rejected petitions for 1 million yen ($7,414; £6,058) in damages from each couple who claimed they had been subjected to "unjust discrimination" by being denied the right to marry.
However, the court recognised that there had been little public discussion regarding same-sex marriage and that "it may be feasible to develop a new system" that recognises the interests of same-sex couples.
In its judgement, the court stated, "From the standpoint of individual dignity, it may be concluded that realising the advantages of same-sex couples being publicly recognised through official recognition is important."
"There hasn't been a full public debate on what type of structure is suitable for this."
The court's ruling is viewed as a blow for gay rights advocates and couples wanting to increase pressure on Japan's government to handle same-sex marriages.
In footage carried on public broadcaster NHK following the verdict, an unidentified female complainant remarked to reporters outside the courthouse, "This is bad, really dreadful." According to the Reuters news agency, the verdict was "disappointing" to an LGBTQ activist in Tokyo.
"We were expecting for the same result or maybe even better after the Sapporo ruling," Gon Matsunaka remarked.
According to Kyodo news agency, the plaintiffs want to appeal the ruling.
Marriage is defined under Japan's constitution, which was enacted after World War II, as "mutual consent between both sexes."
Same-sex couples are now unable to legally marry, inherit their partner's possessions, or enjoy parental rights over their partner's children under current laws.
Although partnership certificates given by certain local governments make it easier for same-sex couples to rent a home together and have hospital visiting privileges, they do not provide them all of the legal rights that heterosexual couples have.
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