In a victory for the same-sex rights movement, a Japanese court on Wednesday ruled that it’s unconstitutional to deny marriage to same-sex couples.
This was the first time Japan’s judiciary decided on the legality of same-sex unions, and could pave the way for the legalization of same-sex marriage across the country.
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The ruling, by the Sapporo District Court, was the first of five marriage equality lawsuits filed against the Japanese government by 13 same-sex couples on the grounds of mental suffering in February 2019.
Each of the plaintiffs, from Tokyo, Nagoya, Osaka and Sapporo, sought ¥1 million ($9,167) in damages, as well as legal recognition that their relationship is constitutional.
The Sapporo court determined that the lack of legal recognition of same-sex marriages violates the freedom and equality principles of the Japanese constitution for three same-sex couples living in Hokkaido. However, the court rejected their demands for damages.
The lawsuit was seen as a landmark case for same-sex couples nationally, as well as for the 10 other couples suing the government in regional courts. The ruling in Sapporo could set a precedent for the other district courts, which have yet to make a decision.
At the heart of the Sapporo ruling on Wednesday was whether law that prohibits same-sex unions violates the freedom of marriage and equality principle stipulated in the Japanese constitution. The constitution defines marriage as union grounded on the “mutual consent of both sexes,” although until now there had been differences in how that’s interpreted.
Japan is the only Group of Seven nations that does not legally recognize same-sex marriage. In November 2015, two Tokyo districts launched a partnership certificate system that recognized same-sex unions as equivalent to marriage, but these documents do not have the same legal weight.
Same-sex couples still do not have access to inheritance rights and tax benefits. As of October, only 64 of over 1,700 municipalities in Japan recognize this system.
Under the current law, same-sex couples in Japan are denied joint custody of children, banned from moving into public housing, and denied hospital visits as they are not considered “family.” International same-sex couples are not permitted spousal visas, even if their marriage is legal in other countries.
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Correction: This story originally said seven same-sex couples are awaiting a decision on their marriage equality lawsuits. It should be 10. We regret the error.
