Current:Home > MarketsIndexbit-Denying same-sex marriage is unconstitutional, a Japanese high court says -FundGuru
Indexbit-Denying same-sex marriage is unconstitutional, a Japanese high court says
TradeEdge View
Date:2025-04-08 16:56:47
TOKYO (AP) — A Japanese high court ruled Thursday that denying same-sex marriage is Indexbitunconstitutional and called for urgent government action to address the lack of any law allowing for such unions. Plaintiffs and the LGBTQ+ community in Japan cheered it as a landmark decision that gives them hope for change toward equality.
The court does not have the power to overturn the current marriage law, which has been interpreted to restrict marriage as between a man and a woman. Government offices may continue to deny marriage status to same-sex couples unless the existing law is revised to include LGBTQ+ couples or a new law is enacted that allows for other types of unions.
The Sapporo High Court ruling said that not allowing same-sex couples to marry and enjoy the same benefits as straight couples violates their fundamental right to equality and freedom of marriage. The case was brought by three same-sex couples who appealed three years ago after a lower court recognized the unconstitutionality of excluding same-sex couples from marriage equality but dismissed compensation claims for their suffering.
A lower court issued a similar ruling earlier Thursday, becoming the sixth district court to do so. But the Tokyo District Court ruling was only a partial victory for Japan’s LGBTQ+ community calling for equal marriage rights, as it doesn’t change or overturn the current civil union law that the government says defines marriage as between a man and a woman.
AP AUDIO: Denying same-sex marriage is unconstitutional, a Japanese high court says.
AP correspondent Karen Chammas reports on same sex marriage in Japan.
Five previous court decisions in various cities said Japan’s policy of denying same-sex marriage is either unconstitutional or nearly so. However, unlike the Sapporo ruling Friday, none of the district-level courts clearly deemed the Japanese government’s existing policy to reject same-sex couples unconstitutional.
Sapporo High Court Judge Kiyofumi Saito said the constitutional freedom of marriage is about partnership between two human beings, and the right to marry should equally protect couples of different and same sexes. With their exclusion, same-sex couples have experienced significant disadvantages, suffering or loss of identity, the judge said.
“Disallowing marriage to same-sex couples is a discrimination that lacks rationality,” the ruling said. But allowing same-sex marriage creates no disadvantage or harm to anyone, it said.
A plaintiff, Eri Nakaya, said the traditional definition of marriage repeatedly made her feel that same-sex couples are treated as if they do not exist.
“The ruling clearly stated that same-sex couples have the same right as others and deserve to live in this country, and reminded me it’s okay just to be me,” she said.
Japan is the only member of the Group of Seven nations that still excludes same-sex couples from the right to legally marry and receive spousal benefits.
Support for marriage equality has grown among the Japanese public in recent years, but the governing Liberal Democratic Party, known for its conservative family values and reluctance to promote gender equality and sexual diversity, remains opposed to the campaign.
Chief Cabinet Secretary Yoshimasa Hayashi told reporters that the government planned to closely watch the public opinion and parliamentary debate, as well as pending court cases because “an introduction of same-sex marriage closely affects family values of the people.”
In the Tokyo ruling, the court said that the right to marry, have a family and enjoy advantages marriage brings — such as tax deductions and social security benefits — are guaranteed for everyone, and that lack of the legal right to same-sex couples deprives them of their basic right.
The Tokyo ruling also acknowledged the right for anyone to live based on their sexuality and sexual identity, and that traditional family values and marriage are changing, and equality of same-sex marriage is increasingly accepted in international and corporate communities. The court said the government’s lack of effort to implement legal marriage equality is not unconstitutional, but expressed hope for the parliament to enact a law for same-sex marriage.
Marriage equality is now recognized in dozens of countries, not only in Western countries like Greece and the United States but also in Asia, with Nepal allowing same-sex marriage registration starting in 2023. according to the Marriage for All Japan, a civil group supporting the lawsuits.
The eight Tokyo plaintiffs said they are frustrated by Japan’s slow change. A lawyer, Makiko Terahara, said they planned to appeal Thursday’s decision to a high court.
While Japan’s conservative government has been criticized as stonewalling diversity, recent surveys show a majority of Japanese back legalizing same-sex marriage. Support among the business community has rapidly increased.
Tokyo enacted an LGBTQ+ awareness promotion law in June that critics said was watered down. The Supreme Court separately ruled that Japan’s law requiring compulsory sterilization surgery for transgender people to officially change their gender is unconstitutional.
veryGood! (77)
Related
- Nearly half of US teens are online ‘constantly,’ Pew report finds
- How high can Simone Biles jump? The answer may surprise you
- Cardi B Reveals She's Pregnant With Baby No. 3 Amid Divorce From Offset
- Prize money for track & field Olympic gold medalists is 'right thing to do'
- US appeals court rejects Nasdaq’s diversity rules for company boards
- Fiery North Dakota derailment was latest crash to involve weak tank cars the NTSB wants replaced
- Watch a DNA test reunite a dog with his long lost mom
- ACLU sues Washington state city over its anti-homeless laws after a landmark Supreme Court ruling
- Apple iOS 18.2: What to know about top features, including Genmoji, AI updates
- 14-month-old boy rescued after falling down narrow pipe in the yard of his Kansas home
Ranking
- John Galliano out at Maison Margiela, capping year of fashion designer musical chairs
- Former CNN anchor Don Lemon sues Elon Musk over canceled X deal: 'Dragged Don's name'
- Cardi B announces she's pregnant with baby No. 3 as she files for divorce from Offset
- Honolulu Police Department releases body camera footage in only a fraction of deadly encounters
- Don't let hackers fool you with a 'scam
- Connecticut man bitten by rare rattlesnake he tried to help ends up in coma
- Simone Biles edges Brazil’s Rebeca Andrade for her second Olympic all-around gymnastics title
- Russia releases US journalist and other Americans and dissidents in massive 24-person prisoner swap
Recommendation
The city of Chicago is ordered to pay nearly $80M for a police chase that killed a 10
Ballerina Farm blasts article as 'an attack on our family': Everything to know
Drunk driver was going 78 mph when he crashed into nail salon and killed 4, prosecutors say
Mýa says being celibate for 7 years provided 'mental clarity'
Realtor group picks top 10 housing hot spots for 2025: Did your city make the list?
'Batman: Caped Crusader' is (finally) the Dark Knight of our dreams: Review
Watch as adorable bear cubs are spotted having fun with backyard play set
Wyndham Clark's opening round at Paris Olympics did no favors for golf qualifying system