US EditionJapan's Osaka High Court rules country's same-sex marriage ban 'unconstitutional'
- On Tuesday, the Osaka High Court, presided over by Judge Kumiko Honda, ruled that Japan's ban on same-sex marriage is unconstitutional, marking the fifth such ruling by a high court in Japan.
- This ruling reverses a prior decision by the Osaka District Court, which had upheld the constitutionality of the ban based on Japan's Civil Code and Family Register Act limiting marriage to heterosexual couples.
- The court determined that the ban violates Article 14 and Article 24 of the Constitution, which ensure equality under the law and mandate that family laws be enacted with respect to individual dignity and equality of the sexes, aligning with rulings from high courts in Sapporo, Tokyo, Fukuoka, and Nagoya.
- Presiding Judge Honda stated that the provisions cannot be justified because the legal disadvantages for same-sex couples are significantly large and the ban severely undermines the right to marriage, which is tied to an individual's identity.
- While the court acknowledged the unconstitutionality of the ban, it upheld the lower court's decision to dismiss the three same-sex couples' appeal for 6 million yen in compensation for the emotional distress caused by not being able to legally marry, amidst growing domestic and international pressure on Japan as the only G7 country not recognizing same-sex marriage or civil unions.
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Japan's Osaka High Court rules country's same-sex marriage ban 'unconstitutional'
Japan's Osaka High Court ruled Tuesday that the country's ban on same-sex marriage is unconstitutional, following similar rulings in the high courts of Sapparo, Tokyo, Fukuoka and Nagoya.
Osaka High Court rules same-sex marriage ban unconstitutional
The Osaka High Court on Tuesday became the fifth high court in Japan to rule that the country's lack of legal recognition of same-sex marriage is unconstitutional, but it upheld a lower court decision not to award damages. The latest ruling, in line with those of the Sapporo, Tokyo, Fukuoka…
Not recognizing same-sex marriage is unconstitutional: Osaka High Court rules case unconstitutional for fifth time
[NHK] The second trial of three same-sex couples living in Kyoto Prefecture and elsewhere sued the government, arguing that not allowing same-sex marriage violates the constitution...
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