Japan’s lack of law for same-sex union is unconstitutional, rules court
- The plaintiffs and their lawyers welcomed the ruling as ‘ground breaking’ and urged the government to promptly take steps to enact a law to mitigate the problem
- The decision is a partial victory for LGBTQ couples as the court dismissed plaintiffs’ demands for compensation of US$7,215 each
Japan’s lack of law to protect the rights of same-sex couples to marry and become families violates the constitution, the Tokyo District Court ruled on Wednesday in a closely watched case in a country still largely bound by traditional gender roles and family values.
The court, however, said the government’s lack of legislative action is not illegal and threw out plaintiffs’ compensation demands of 1 million yen (US$7,215) each. Still, the ruling was a partial victory for LGBTQ couples.
There is no rationality to justify the absence of legal protection for same-sex couples and “it is in a state of violation” of the Article 24 of the Japanese Constitution, the court said. Same-sex couples should enjoy the same legal protection as heterosexual couples through marriage, it said.
The plaintiffs and their lawyers welcomed the ruling as “ground breaking” and urged the government to promptly take steps to enact a law to mitigate the problem.
“I was glad that the ruling acknowledged we have a right to be families,” plaintiff Chizuka Oe told a news conference, adding that her partner of more than 20 years “is my invaluable family no matter what anyone says.”
Oe said the fight continues until there is a real progress. “This is just the beginning,” she said.