Plaintiff’s attorneys and supporters displayed a banner on Wednesday that reads ‘big first step toward marital equality’ outside Sapporo District Court, Japan.
Photo:
kyodo / Reuters
TOKYO – A Japanese court has ruled for the first time that the country’s constitution gives same-sex couples the right to enjoy the legal benefits of marriage, a groundbreaking ruling in a region of the world that usually allows same-sex marriage gender hinders.
The district court in the northern city of Sapporo ruled in a case instituted by gay couples seeking a marriage license. The panel of three judges said the government’s refusal to grant them a license violated the Japanese constitution’s guarantee of equal treatment under the law. However, the court said the plaintiffs were not entitled to damages.
Other district courts in Japan are hearing similar cases, and Wednesday’s ruling is subject to appeal, meaning the final decision on the case is far from being reached.
The three-judge panel said that although the Japanese parliament had ample room to pass marriage laws, it exceeded the boundaries of discretion by discriminating against married couples. It is said that the current law is based on now-discredited views on homosexuality as a disease.
The court left open the possibility that parliament should create a separate system of marriage or union for married couples. It is said that if such a system provides legal protection to same-sex couples as the current marriage system does for heterosexual couples, it may pass constitutional provisions.
Same-sex marriage has been legal nationwide in the U.S. since a Supreme Court ruling in 2015, but it is not legal in most of Asia. The Taiwanese legislature approved Asia’s first same – sex marriage law in 2019, following a similar move by the Australian parliament in 2017.
Write to Peter Landers at [email protected]
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