Japan Court Calls Denying Same-Sex Marriage ‘Unconstitutional’

By Stefan J. Bos, Chief International Correspondent Worthy News

TOKYO/BUDAPEST (Worthy News) – A Japanese high court has ruled that denying same-sex marriage is unconstitutional in a case that was due to be closely followed by activists thousands of miles away in Europe.

Plaintiffs and the LGBTQ+ community in Japan welcomed the outcome, saying it gives them hope for change “toward equality.”

The case was brought by three same-sex couples who appealed three years ago after a lower court recognized “the unconstitutionality” of excluding same-sex couples from marriages.

Yet the same court dismissed compensation claims “for their suffering.”

The Sapporo High Court ruling said not allowing same-sex couples to marry and enjoy the same benefits as straight couples violates their fundamental right to equality and freedom of marriage.

Several other courts made similar rulings. However, unlike the Sapporo ruling seen by Worthy News on Friday, none of the district-level courts deemed the Japanese government’s existing policy to reject same-sex couples unconstitutional.

“Disallowing marriage to same-sex couples is a discrimination that lacks rationality,” the ruling said. “But allowing same-sex marriage creates no disadvantage or harm to anyone,” it added.

DEFINITION OF MARRIAGE

A plaintiff, Eri Nakaya, said the traditional definition of marriage repeatedly made her feel that same-sex couples are treated as if they do not exist.

“The ruling clearly stated that same-sex couples have the same right as others and deserve to live in this country, and reminded me it’s okay just to be me,” she said.

Japan is the only member of the Group of Seven nations that still excludes same-sex couples from the right to marry and receive spousal benefits legally.

However, the case was closely watched by Hungary, one of the most vocal European Union member states defending traditional families and opposing what it views as “LGBTQ+ propaganda.”

The country’s new constitution, known as the Fundamental Law, has described marriage as exclusively “the union of a man and a woman, established by voluntary decision” and “the family as the basis of the survival of the nation.”

The constitution also defines family as “based on marriage and the parent-child relation” where “the mother is a woman, the father a man.” Critics say that excludes the possibility for same-sex couples to adopt children.

Hungary’s Fundamental Law also mandates parents to raise children in a conservative, Christian spirit. “Hungary defends the right of children to identify with their birth gender and ensures their upbringing based on our nation’s constitutional identity and values based on our Christian culture,” it says.

LGBTQ activists hope that rulings such as in Japan will put pressure on other governments to amend legislation.

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