Japan court rules same-sex marriage ban constitutional

TOKYO: A Japanese court ruled on Monday that a ban on samesex marriage was not unconstitutional, dealing a setback to LGBTQ+ rights activists in the only Group of Seven nation that does not allow people of the same gender to marry.

The ruling dashes activists’ hopes of raising pressure on the central government to address the issue after a court in the city of Sapporo in March 2021 decided in favour of a claim that not allowing same-sex marriage was unconstitutional.

Three same-sex couples — two male, one female — had filed the case in a district court in Osaka, only the second to be heard on the issue in Japan.

The district court rejected arguments made by the couples as part of a series of suits filed by activists seeking marriage equality.

“From the perspective of individual dignity, it can be said that it is necessary to realise the benefits of same-sex couples being publicly recognised through official recognition,” the court ruling said.

But the present failure to recognise such unions is “not considered to violate... the constitution”, the ruling added, saying “public debate on what kind of system is appropriate for this has not been thoroughly carried out”.

In addition to rejecting their claim that being unable to marry was unconstitutional, the court threw out their demand for $7,400 in damages for each couple.

“I actually wonder if the legal system in this country is really working,” said plaintiff Machi Sakata, who married her Us-citizen partner in the United States.

The two are expecting a baby in August.

“I think there’s the possibility this ruling may really corner us,” Sakata said.

Japan’s constitution defines marriage as being based on “the mutual consent of both sexes”. But the introduction of partnership rights for same-sex couples in Tokyo last week, along with rising support in opinion polls, had raised the hopes of activists and lawyers for the Osaka case.

“We emphasised in this case that we wanted same-sex couples to have access to the same things as regular couples,” said lawyer Akiyoshi Miwa.

“It means the judge is saying the court doesn’t have to actively get involved in human rights issues,” Miwa said, adding that they would appeal.