Its court ruled today unconstitutional Japan the non-recognition of same-sex marriage in a landmark decision in that country, which was immediately hailed as a victory by equal rights activists.
The Sapporo Court of First Instance, in northern Japan, ruled that non-recognition of same-sex marriage was contrary to Article 14 of the Constitution, which states that “all citizens are equal before the law”, according to a copy of the decision made available to AFP and cited by AMPE.
Japan is the last G7 country to not legally recognize same-sex union. THE Marriage for all does not exist in Italy either, but this country has approved political associations for gay couples since 2016.
The Japanese state considers such an association “Not provided for” by the Constitution. This is limited to the emphasis on marriage on the need for “mutual consent of both sexes”, which leaves room for many interpretations.
Today’s ruling by the Sapporo court is the first in a series of lawsuits against the Japanese state by about ten gay couples in 2019 to secure legal recognition of their union.
Plaintiffs’ attorneys hung a banner in front of the court welcoming the decision as “A big step towards equality in marriage”.
Opposition candidate Kanako Otsuji, one of Japan’s few open-minded LGBT politicians, said in a Twitter post that she was “really, really happy” about the decision.
“I call on Dieta (the Japanese parliament), as the state legislature, to discuss a proposal to amend the civil code to make it possible for same-sex union,” he added.
However, the court of Sapporo dismissed the plaintiffs’ claims for damages, each of whom demanded a million yen (approximately 7,700 euros) from the state because he did not enjoy the same rights as heterosexual couples.
“At first I was a little disappointed when I heard the word ‘rejected’ at the announcement of the verdict,” Ryosuke Kounimi, one of the plaintiffs, aged about 40, told a news conference.
“But then I could not hold back my tears when the president of the court said that it lacks a rational basis and that it constitutes discrimination” to deprive homosexuals of the right to marry, he added. “The court has honestly looked at our problem and I think it really made a good decision.”
Although a new law will need to be passed before same-sex marriage can actually take place – which may take some time in socially conservative Japan – plaintiffs’ lawyer described the decision as “revolutionary”, while LGBT activists said it was changing lives.
“Its value is absolutely incalculable,” said John Matsunaka, 44, director of the Marriage for All Japan activists and a spokesman for Pride House Tokyo.
“Until the decision was announced we did not know we would be able to do that and I am just very happy.”

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