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A Japanese court has ruled that the lack of legal recognition for same-sex marriage violates the constitution, in the country’s first ruling on marriage equality.
The district court in Sapporo on the northern island of Hokkaido delivered the ruling Wednesday, Kyodo News said in the first of a series of similar damages lawsuits that couples have filed in five courts across the country. The three couples involved in the case on Wednesday said their rights had been violated because equality and freedom of marriage were enshrined in the constitution, public broadcaster NHK said.
‘This is an important statement and I hope it will be an opportunity to create awareness that marriage is a right that all people should have equal rights, ‘said Masa Yanagisawa, head of Prime Services Japan at Goldman Sachs. He is also on the board of the Marriage For All campaign group.
The Sapporo court rejected the government’s claim for damages from the government, but said in its ruling that the lack of same-sex access to some of the rights offered by heterosexual couples amounts to discrimination, Kyodo said.
It remains to be seen whether the other district court cases will result in similar rulings, and whether an appeal will be lodged with a higher court.
Although a number of local authorities have begun to recognize same-sex partnerships, Japan has made little progress toward equal marriage compared to Western countries. This can leave couples without basic rights, such as the ability to visit a partner in the hospital.
In Asia, only Taiwan has recognized same-sex marriages, although Thailand has been able to make the change this year.
A long road ahead
Asia lags far behind Europe and the Americas in marital equality
Source: The Human Rights Campaign Foundation
Prime Minister Yoshihide Suga told parliament last month that the constitution, unchanged since 1947, does not seek the recognition of same-sex marriage. The issue “is about the foundations of the family in this country and should be considered with the utmost care,” he said.
A modest bill to promote understanding of LGBTQ people drafted by a ruling Liberal Democratic Party lawmaker has yet to make progress in becoming law.
(Updates with details of the verdict in fourth paragraph)