A Japanese court has ruled that the lack of legal recognition for same-sex marriage violates the constitution, in the country’s first such judgment on marriage equality.
The Sapporo District Court on the northern island of Hokkaido handed down the decision Wednesday, Kyodo News said, in the first of a series of similar damages suits filed by same-sex couples in five courts around the country. The three couples party to Wednesday’s case said their rights had been breached because equality and freedom of marriage are enshrined in the constitution, public broadcaster NHK said.
“This is a landmark ruling and I hope it will be an opportunity to build awareness that marriage is a right that should be afforded to all people equally,” said Masa Yanagisawa, head of Prime Services Japan at Goldman Sachs, who is also on the board of campaign group Marriage For All.
The Sapporo court rejected the plaintiffs’ demand for damages from the government, but said in its ruling that same-sex couples’ lack of access to some of the rights afforded to heterosexual couples amounted to discrimination, Kyodo said.
It remains to be seen whether the other district court cases result in similar rulings, and whether there will be an appeal to a higher court.
While a number of local authorities have begun to recognize same-sex partnerships, Japan has made little progress toward equal marriage by comparison with Western countries. That can leave couples without basic rights, such as the ability to visit a partner in hospital.
In Asia, only Taiwan has so far recognized same-sex marriage, though Thailand could make the change as soon as this year.
A Long Road Ahead
Asia lags far behind Europe and the Americas in marriage equality
Source: The Human Rights Campaign Foundation
Prime Minister Yoshihide Suga told parliament last month that the constitution, unchanged since 1947, did not envisage the recognition of marriage between two people of the same sex. The issue “concerns the foundations of the family in this country and needs to be considered with extreme caution,” he said.
A more modest bill on promoting understanding of LGBTQ people drawn up by a ruling Liberal Democratic Party lawmaker has yet to make progress toward becoming law.
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