Japan’s archaic ban on same-sex marriage is ‘unconstitutional’, court rules

A district court in Japan has ruled that blocking same-sex marriage is “unconstitutional”, in a historic victory for the country’s LGBT+ community.

Although the country’s constitution currently defines marriage as based on “the mutual consent of both sexes”, the court in Japan’s Sapporo district sided with the plaintiffs, who were among 13 same-sex couples to file lawsuits against the Japanese government on Valentine’s Day 2019.

The couples filed lawsuits, claiming damages for the lack of recognition of marriage equality, in four district courts – the capital Tokyo, Sapporo in the northern island of Hokkaido, and Nagoya and Osaka in central Japan. Sapporo is the first district to give a verdict, more than two years later.

Lawyers for the plaintiffs argued that the wording in the constitution was to prevent forced marriage, and therefore should not be used to prevent same-sex couples from marriage.

Although the Sapporo district court did not grant the damages for mental suffering, it did rule that preventing same-sex couples from having equal access to marriage was “unconstitutional”, which could set a precedent for the rulings of the other district courts.

Source: PinkNews