Couples vow to appeal as Japanese court rules same-sex marriage ban constitutional

Tokyo Rainbow Pride, 2016
Photo: Wikimedia Commons

A district court in Osaka, Japan recently ruled that the country’s same-sex marriage ban is constitutional. While the ruling contradicts a March 2021 ruling by a Sapporo district court, it’s just the latest in the ongoing legal battle for LGBTQ rights in the country.

In its decision, the Osaka court ruled against a lawsuit involving three same-sex couples. The court wrote that government recognition of same-sex couples may bestow dignity on those relationships. However, the court ultimately ruled that denying such recognition doesn’t violate the country’s constitution, especially since the constitution only mentions marriage between different sexes and mentions no other legal pathway for same-sex marriage.

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Article 24 of the Japanese constitution specifically states, “Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis.”

However, LGBTQ advocates have also pointed out that the constitution’s other articles state, “The people shall…

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