Tokyo (GNB): a Japanese court has ruled that the government’s non-recognition of same-sex marriage is unconstitutional, setting a precedent in the only G-7 nation not to fully recognize same-sex partnership.
On Wednesday, the Sapporo District Court delivered its ruling on a lawsuit filed in 2019 by three same-sex couples in Hokkaido.
The judge said in her decision on Wednesday that there should not be a difference in the legal benefits that a person receives, based on the individual’s sexual orientation. She added that the current practices lack reasonable grounds and are discriminatory.
Judge Tomoko Takebe said in the ruling that not allowing same-sex marriages violates Article 14 of the Japanese Constitution prohibiting discrimination “because of race, creed, sex, social status or family origin.”
The ruling by a district court, the first in Japan on the legality of same-sex marriages, is a major symbolic victory in a country where the constitution still defines marriage as being based on “the mutual consent of both sexes”.
The plaintiffs had sought compensation from the government, but the court rejected that claim.
According to the local media, there are similar cases pending before courts in Tokyo, Osaka, Nagoya, and Fukuoka. The Sapporo court was the first to hand down a decision.
The plaintiffs are among 13 same-sex couples who filed lawsuits on Valentine’s Day in 2019 seeking to force the government to recognise gay marriage.
Following the ruling, plaintiffs and supporters unfurled rainbow flags and banners in front of the court.
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