Tokyo High Court says same-sex marriage ban is unconstitutional

Tokyo, Oct 30 Japan's Tokyo High Court ruled on Wednesday that the absence of legal recognition for same-sex marriage is unconstitutional, though it denied the plaintiffs' request for damages, local media reported.

The decision follows a 2022 ruling by the Tokyo District Court, which described the same-sex marriage ban as in a "state of unconstitutionality" but stopped short of deeming it unconstitutional, Kyodo News reported.

The term used by the lower court, while stopping short of declaring the ban unconstitutional, is seen as a call for the Diet to take action on the issue.

The case involved seven plaintiffs, including same-sex couples, who sought 1 million yen ($6,500) each from the government. They argued that civil law provisions not allowing same-sex marriage violate the right to equality under the Constitution and its guarantee of the freedom of marriage.

After the Tokyo District Court rejected their damages claim in November 2022, the plaintiffs appealed, urging the high court to declare that not recognising same-sex marriage is unconstitutional, according to local media reports.

Japan remains the only G7 nation without legal recognition for same-sex marriages or civil unions, despite increased advocacy from the LGBT community and allies.

Article 24 of the Japanese Constitution guarantees the freedom of marriage and stipulates, "Marriage shall be based only on the mutual consent of both sexes."

Court decisions on the issue have varied. Sapporo and Nagoya district courts ruled the lack of recognition unconstitutional, while Tokyo and Fukuoka district courts deemed it in a "state of unconstitutionality."

Earlier this year, the Sapporo High Court was the first high court to declare the lack of recognition unconstitutional, in line with a lower court ruling from 2021.

However, all courts to date have dismissed requests for compensation.

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