Japan court deems same-sex marriage ban unconstitutional

By AJP Posted : October 30, 2024, 11:30 Updated : October 30, 2024, 11:30
Participants hold a large rainbow flag during the Taiwans annual LGBTQ+ Pride Parade in Taipei Oct 26 2024 AFP-Yonhap
Participants hold a large rainbow flag during an LGBTQ+ Pride Parade in Taipei, Oct. 26, 2024. AFP-Yonhap
 
SEOUL, October 30 (AJP) - A Tokyo high court ruled Wednesday that Japan's ban on same-sex marriage violates the Constitution, while rejecting the plaintiffs' demands for financial compensation from the government.

The decision upholds a 2022 Tokyo district court ruling that found the ban in a "state of unconstitutionality."

Seven plaintiffs filed the suit, arguing existing civil law provisions violate constitutional guarantees of marriage freedom and equality.

The high court also upheld a lower court's rejection of the plaintiffs' claim for 1 million yen (US$6,500) each in damages.

This latest ruling follows similar decisions in other jurisdictions, including one by the Sapporo High Court earlier this year.

Japan remains the only G7 nation that does not legally recognize same-sex unions, with Article 24 of the Constitution at the center of debate due to its reference to marriage requiring "mutual consent of both sexes."
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