Second High Court Rules Japan’s Same-Sex Marriage Ban Unconstitutional

Another strike against Japan’s ban on same-sex marriage as a second high court has ruled the policy prohibiting marriage equality is unconstitutional.

From the Associated Press:

The Tokyo High Court called the ongoing ban “a groundless legal discrimination based on sexual orientation,” saying it violates the constitutional guarantee of right to equality, as well as individuals’ dignity and equality between sexes.

It was a clearer statement than the 2022 lower court decision that described the situation as “an unconstitutional state.”

The Sapporo High Court ruling in March said 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.

Wednesday’s ruling is the seventh overall that found the ongoing ban to be unconstitutional or nearly so.

The AP notes that Japan’s conservative Liberal Democratic Party coalition lost its majority in parliament this past Sunday, which means some compromises on more liberal policies are likely in the future. Related: Japan Court Rules Ban On Same-Sex Marriage Unconstitutional Japan is the only member of the G7 nations that has no legal recognition for same-sex couples. Taiwan and Nepal allow same-sex marriage and Thailand’s new marriage equality law kicks into force January 1.


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